Driving Under The Influence

Implied Consent - Refusal to Submit to Blood Alcohol (BAC) Test

• Revocation of Driver License for 12 months
• Revocation of Driver License for 24 months if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
• Revocation of Driver License for 5 years if an crash resulted in a death (Most Aggravated Drunk Driving Law)

Adult Driving While Impaired - .08 (BAC)

• On record but not as a DUI
• Results in 8 points on Driver License
• Can only be used against persons with no previous related alcohol offenses (Implied Consent, DUI, Vehicular Assault, Vehicular Homicide or Aggravated Vehicular Homicide)
• Can be applied as a second offense DUI
• $500 mandatory Fine that will be deposited in the "Alcohol and Drug Addiction Treatment Fund"

1st Time DUI Offender - .10 (BAC)

• 48 hours to 11 months, 29 days of Jail
• License revocation for 1 year
• Court ordered participation in alcohol and drug safety DUI school and/or drug offender school program if available
• Payment of restitution if physical injury or personal loss involved and such person is economically capable of making such restitution

Most Aggravated Drunk Driver - .20 or Greater (BAC)

• Minimum period of confinement of person; seven (7) consecutive calendar days in lieu of 48 hours of jail time

2nd Time DUI Offender

• 45 days to 11 months 29 days in Jail
• $600 to $3,500 mandatory fine
• License revocation for two (2) years / NO restricted license available.
• Alcohol & Drug treatment before reinstating license
• Subject to .08 BAC presumption
• Subject to vehicle seizure/forfeiture (created funds for A & D Treatment Program)
• DUI School

3rd Time DUI Offender

• 120 days to 11 months, 29 days in jail
• $1,100 to $10,000 mandatory fine
• License revocation for 3 - 10 years / NO restricted license available
• Subject to .08 BAC presumption
• Subject to vehicle seizure/forfeiture
• Alcohol & drug treatment before reinstating license

4th and Subsequent DUI Offender

• Class E Felony
• 1 Year (365 days) of Jail with a minimum of 150 consecutive days served
• $3,000 to $15,000 mandatory Fine
• Loss of driver license for 5 years /No restricted license available
• Alcohol & drug treatment before reinstating license

Aggravated Vehicular Homicide (while driving intoxicated)

• Class A Felony
• If any of the following conditions are present:
• Two or more prior (a) DUI convictions or Vehicular or (b) Vehicular Assault convictions or (c) any combination
• One prior Vehicular Homicide
• A BAC of .20 or greater at the time of the vehicular homicide and has one (1) prior DUI or Vehicular Assault offense