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)
