DUI PENALTIES
RECENT CHANGES TO LAWS HAVE IMPACTED THIS SECTION AND IT WILL BE UPDATED AS SOON AS POSSIBLE TO REFLECT THESE CHANGES. PLEASE CONSULT WITH AN ATTORNEY TO DISCUSS HOW THESE RECENT LAW CHANGES IMPACT YOUR CASE IF YOU ARE CHARGED WITH ONE OF THESE TYPES OF OFFENSES.
| OFFENSE | CLASS | WITHOUT PROBATION | WITH PROBATION |
| Non-Aggravated 1st Offense | Misdemeanor | 7-60 days Jail; 6 month license loss (“LL”) | No mandatory minimum jail; 60 day LL |
| 1st Offense Refusal | Misdemeanor | 7-60 days Jail; 6 month LL | No mandatory minimum jail; 60 day LL |
| Aggravated (.15+BAC) 1st Offense | Misdemeanor | 7-60 days Jail; 1 year LL | 2 days Jail/<120 hours community service; 1 year LL |
| Non-Aggravated 2nd Offense | Misdemeanor | 30 days-6 months Jail; 1 year LL | 10 days Jail/<240 hours community service; 1 year LL |
| Aggravated 2nd Offense/Refusal | Misdemeanor | 90 days-1 year Jail; 1-15 year LL | 30 days Jail; 1-15 year LL |
| Non-Aggravated 3rd Offense | Misdemeanor | 90 days-1year Jail; 15 year LL | 30 days Jail; 2-15 year LL |
| Aggravated 3rd Offense/Refusal | IIIA Felony | 180 days Jail-5 years Prison; 15 year LL | 60 days Jail; 5-15 year LL |
| Non-Aggravated 4th Offense | IIIA Felony | 180 days Jail-5 years Prison; 15 year LL | 90 days Jail; 15 year LL |
| Aggravated 4th Offense/Refusal | III Felony | 1-20 years Prison; 15 year LL | 120 days Jail; 15 year LL |
| Non-Aggravated 5th Offense | III Felony | 1-20 years Prison; 15 year LL | 180 days Jail; 15 year LL |
| Aggravated 5th Offense/Refusal+ | II Felony | 1-50 years Prison; 15 year LL | 180 days Jail; 15 year LL |
*The fine amounts vary based on the level of offense and were not listed due to space limitations. Consult with your attorney about potential fines for your particular offense. Also, the above penalties apply only to your criminal case and do not include any possible administrative license revocation imposed by the Department of Motor Vehicles.
Just wanted to comment that Greg Nelson did a great job with my case. It went much better then I had anticipated and I was happy with the outcome. He was MUCH more reasonable than about five other attorneys I contacted and he was reasonable about making payments. I would recommend him to anyone if they needed an attorney.
- "Releived"
- "Releived"
