DUI Penalties

1. DUI DRIVING UNDER THE INFLUENCE — In all cases, there will be a conviction of the charge.

FINE

MINIMUM (BAL under .20)

MAXIMUM (BAL under .20)

MINIMUM (BAL .20 or greater)

MAXIMUM (BAL .20 or greater)

1st offense

$250

$500

$500

$1,000

2nd offense

$500

$1,000

$1,000

$2,000

3rd offense

$1,000

$2,500

$2,000

$5,000

4th offense (felony)

Up to $5,000

Up to $5,000

Up to $5,000

Up to $5,000

JAIL

MINIMUM (BAL under .20)

MAXIMUM (BAL under .20)

MINIMUM (BAL .20 or greater)

MAXIMUM (BAL .20 or greater)

1st offense

0 days

6 months

0 days

9 months

2nd offense not within 5 yrs.

0 days

9 months

0 days

12 months

2nd offense within 5 yrs.

10 days (48 hours consecutive)

9 months

10 days

12 months

3rd offense not within 10 yrs.

0 days

12 months

0 days

12 months

3rd offense within 10 yrs.

30 days

12 months

30 days

12 months

4th offense (felony)

Up to 5 years in prison

DRIVER'S LICENSE ACTION

MINIMUM

MAXIMUM

1st offense

180 day revocation

1 year revocation

2nd offense not within 5 years

180 day revocation

1 year revocation

2nd offense within 5 years

5 year revocation

3rd offense not within 10 years

Same as 1st or 2nd offense as appropriate

3rd offense within 10 years

10 year revocation

4th offense (felony)

Permanent revocation

OTHER ACTION

  • 1st offense — Minimum 50 hours of community service
  • All cases — Department approved driver training course or abuse education course

DUI CAUSING DAMAGE TO PERSON OR PROPERTY OF ANOTHER

  • 1st Degree Misdemeanor — Penalties as stated in paragraph 1 except 1st offense
  • Maximum fine: $1,000 — Maximum Jail: 1 year
  • Driver's License Action — Minimum 3 years suspension or as stated above

2. THE FOLLOWING OFFENSES HAVE THE SAME MINIMUM AND MAXIMUM PENALTIES:

  • Failure to obey order of police officer directing traffic or fire department officer at scene of a fire
  • Failure to sign citation (traffic ticket)
  • Leaving the scene of accident with vehicle or property damage
  • Making a false accident report
  • Driving while license suspended, revoked or cancelled (1st offense provided revocation is not an habitual offender)
  • Driving with no valid driver's license (unless expired within previous four months, in which case it is a non-moving infraction)
  • Unlawful use of driver's license
  • Permitting unauthorized operation to driver vehicle
  • All license tag offenses on individual car owners
  • Assault
  • Disorderly conduct
  • Disorderly intoxication
  • Petty theft (1st offense)

CONVICTION: Court may withhold adjudication and place defendant on probation or may convict
FINE: $0 to $500
JAIL: ) 0 days to 60 days

3. THE FOLLOWING OFFENSES HAVE THE SAME MINIMUM AND MAXIMUM PENALTIES:

  • Fleeing or attempting to elude a police officer
  • Driving while license suspended, revoked or cancelled (2nd offense or as an habitual offender) (3rd offense is 3rd-degree felony — $5,000 fine 5 yrs. F.S.P. or both maximum penalty) Eff. 10/1/95
  • Resisting/obstructing arrest
  • Battery
  • Petty theft (2nd offense)

CONVICTION: Court may withhold adjudication and place defendant on probation or may convict
FINE: $0 to $1,000
JAIL: 0 days to 1 year

4. WILLFUL AND WANTON RECKLESS DRIVING

a. 1st offense:
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict.
FINE: $25 to $500
JAIL: 0 days to 90 days

b. 2nd offense or more:
CONVICTION: Court may withhold adjudication and place defendant on probation or may convict.
FINE: $50 to $1,000
JAIL: 0 days to 6 months

5. CONVICTION OF ANY THREE OF THE FOLLOWING CRIMES WITHIN A FIVE-YEAR PERIOD WILL RESULT IN A FIVE-YEAR DRIVER'S LICENSE REVOCATION AS AN HABITUAL TRAFFIC OFFENDER:

  • Manslaughter resulting from the operation of a motor vehicle
  • Driving while under the influence of alcohol
  • Commission of any felony in which a motor vehicle is used
  • Driving while license suspended or revoked
  • Failing to stop and render aid (leaving the scene of an accident)