Matthew T. Hale, Attorney at Law

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DUI Penalties

I.    First offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 1 day in jail or 15 days home monitoring, $685 fine, 90-day license suspension, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and possibly an ignition interlock device requirement at the discretion of the court. 

II.    First offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 2 days in jail or 30 days home monitoring, $925 fine, one-year license suspension, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

III.    Second offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 30 days in jail plus 60 days home monitoring, $925 fine, two-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

IV.    Second offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 45 days in jail plus 90 days home monitoring, $1325 fine, 900-day license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

V.    Third offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 90 days in jail plus 120 days home monitoring, $1725 fine, three-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

VI.    Third offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 120 days in jail plus 150 days home monitoring, $2525 fine, three-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

VII.    Fifth offense in 10 years is a felony.

As of July 1, 2007, a person convicted of a fifth offense within 10 years can be charged with a class C felony and face up to 5 years in prison and a $10,000 fine. 

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