CHARGE | JAIL | MANDATORY FINES | DRIVERS LICENSE | OTHER TERMS |
1st Time DUI
Can be either “Impaired to the Slightest Degree,” or “Above a .08,” or both
| 10 days of jail, but 9 may be suspended if successfully complete alcohol classes.
24 straight hours in jail must first be served
Remainder 9 days must be served if don’t complete alcohol classes within 6 months of release | $250 fine $200 surcharge $500 Prison Fund $20 Time Payment Fee $10 Probation Fee
(No $500 State General Fund fee if committed prior to 8/12/05. Should only happen if D was on the run, otherwise Statute of Limitations)
=$1480 | Nothing beyond Admin Per Se: 30 day complete suspension; then 60 days restricted (to/from work/school) in MVD’s discretion
If DUI drugs, revoked 1 year
Defendant must pay to get license / privilege to drive reinstated after end of suspension – tell clients to go into MVD after suspension ends! |
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CHARGE | JAIL | MANDATORY FINES | DRIVERS LICENSE | OTHER TERMS |
2nd DUI within 84 months of date of 1st DUI commission date (can be before or after present case).
If both DUIs are prior to 9/21/06, then it is 2nd DUI within 60 months of first | 90 days jail, but 60 may be suspended if successfully complete alcohol classes.
Can get work Furlough if :
Remainder 60 days must be served if don’t complete alcohol classes w/I 6 months of release | $500 fine $400 surcharge $1250 Prison Fund $1250 State General Fund $20 Time Payment Fee $10 Probation Fee
(No $1250 State General Fund fee if committed prior to 8/12/05. Should only happen if D was on the run, otherwise Statute of Limitations)
=$3430 | Revocation for one year
Defendant must pay to get license / privilege to drive reinstated after end of suspension – tell clients to go into MVD after suspension ends! |
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3rd Time DUI within 84 months of date of 1st and 2nd DUI commission dates (can be before or after present case). If all cases prior to 9/21/06, then all must be within 60 mos. | If you can get any plea agreement to a misdemeanor, take it, because a 3rd DUI within the applicable time (84 months or 60 months depending on commission date) can / should be charges as a Felony. If it is outside the 84 or 60 months, it should be considered a 1st or 2nd time DUI. |
CHARGE | JAIL | MANDATORY FINES | DRIVERS LICENSE | OTHER TERMS |
1st Time Extreme DUI
DUI above a .15 BAC (but less than .20)
| 30 days jail
NOTE: Two laws passed that are in conflict: One allows judge to suspend 20 days if D successfully completes alcohol classes. The other says no days can be suspended for completion of alcohol classes.
If commission date prior to 9/19/07, then can get 20 days suspended for doing alcohol classes.
Can get Work Furlough if :
| $250 fine $200 surcharge $250 DUI Fund $1000 Prison Fund $1000 State General Fund $20 Time Payment Fee $10 Probation Fee
(No $1000 State General Fund fee if committed prior to 8/12/05. Should only happen if D was on the run, otherwise Statute of Limitations)
=$2730 | Nothing beyond Admin Per Se: 30 day complete suspension; then 60 days restricted (to/from work/school) in MVD’s discretion
If DUI drugs, revoked 1 year
Defendant must pay to get license / privilege to drive reinstated after end of suspension – tell clients to go into MVD after suspension ends! |
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CHARGE | JAIL | MANDATORY FINES | DRIVERS LICENSE | OTHER TERMS |
2nd Extreme DUI within 84 months of commission date of ANY other DUI commission date (can be before or after present case.)
If both DUIs are prior to 9/21/06, then it is 2nd DUI within 60 months of first | 120 days jail
NOTE: Two laws passed that are in conflict: One allows judge to suspend 60 days if D successfully completes alcohol classes. The other says no days can be suspended for completion of alcohol classes.
Can get Work Furlough if:
| $500 fine $400 surcharge $1250 Prison Fund $1250 State General Fund $20 Time Payment Fee $10 Probation Fee
(No $1000 State General Fund fee if committed prior to 8/12/05. Should only happen if D was on the run, otherwise Statute of Limitations)
=$3680 | Revocation for one year
Defendant must pay to get license / privilege to drive reinstated after end of suspension – tell clients to go into MVD after suspension ends! |
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3rd Time Extreme DUI within 84 months of date of 1st and 2nd DUI commission dates (can be before or after present case). If all cases prior to 9/21/06, then all must be within 60 months. | IF you can get any plea agreement to a Misdemeanor, take it, because a 3rd Extreme DUI within the applicable time (84 months or 60 months depending on commission date) can/should be charged as a Felony6. If it is outside the 84 or 60 months, it should be considered a 1st or 2nd time DUI. |
CHARGE | JAIL | MANDATORY FINES | DRIVERS LICENSE | OTHER TERMS |
1ST Time Super Extreme DUI
DUI above a .20 BAC
Only applies to commission dates on or after 9/19/07
| 45 days jail
Can get Work Furlough if :
| $500 fine $400 surcharge $250 DUI Fund $1000 Prison Fund $1000 State General Fund $20 Time Payment Fee $10 Probation Fee
=$3180 | Nothing beyond Admin Per Se: 30 day complete suspension; then 60 days restricted (to/from work/school) in MVD’s discretion
Defendant must pay to get license / privilege to drive reinstated after end of suspension – tell clients to go into MVD after suspension ends! |
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CHARGE | JAIL | MANDATORY FINES | DRIVERS LICENSE | OTHER TERMS |
2nd Time Super Extreme DUI within 84 months of date of ANY other DUI commission date (can be before or after present case)
Only applies to commission dates on or after 9/19/07
| 180 days jail
Can get Work Furlough if :
| $1000 fine $800 surcharge $250 DUI Fund $1250 Prison Fund $1250 State General Fund $20 Time Payment Fee $10 Probation Fee
=$4330
| Revocation for one year
Defendant must pay to get license / privilege to drive reinstated after end of suspension – tell clients to go into MVD after suspension ends! |
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3rd Time Super Extreme DUI within 84 months of date of 1st and 2nd DUI commission dates (can be before or after present case). If all cases prior to 9/21/06, then all must be within 60 months. | IF you can get any plea agreement to a Misdemeanor, take it, because a 3rd Super Extreme DUI within the applicable time (84 months or 60 months depending on commission date) can/should be charged as a Felony6. If it is outside the 84 or 60 months, it should be considered a 1st or 2nd time DUI. |