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

 

FINEMINIMUM (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 $5,000Up to $5,000Up to $5,000Up to $5,000

 

JAILMINIMUM (BAL under .20)MAXIMUM (BAL under .20)MINIMUM (BAL .20 or greater)MAXIMUM (BAL .20 or greater)
1st offense0 days6 months0 days9 months
2nd offense not within 5 yrs.0 days9 months0 days12 months
2nd offense within 5 yrs.10 days (48 hours consecutive)9 months10 days12 months
3rd offense not within 10 yrs.0 days12 months0 days12 months
3rd offense within 10 yrs.30 days12 months30 days12 months
4th offense (felony)Up to 5 years in prison

 

DRIVER’S LICENSE ACTIONMINIMUMMAXIMUM
1st offense180 day revocation1 year revocation
2nd offense not within 5 years180 day revocation1 year revocation
2nd offense within 5 years5 year revocation
3rd offense not within 10 yearsSame as 1st or 2nd offense as appropriate
3rd offense within 10 years10 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)

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