DUI Penalties

DUI PENALTIES SEEM TO CHANGE EVERY YEAR AND WE WILL ATTEMPT TO UPDATE THIS PAGE ACCORDINGLY. HOWEVER, THE BEST RESOURCE FOR CONFIRMING THE CURRENT PENALTIES FOR A DUI OFFENSE IS AN ATTORNEY THAT SPECIALIZES IN DUI CASES.

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; 1.5 year LL 10 days Jail/<240 hours community service; 1.5 year LL
Aggravated 2nd Offense/Refusal Misdemeanor 90 days-1 year Jail; 1.5-15 year LL 30 days Jail; 1.5-15 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 IIA Felony 1-20 years Prison; 15 year LL 120 days Jail; 15 year LL
Non-Aggravated 5th Offense IIA Felony 2-20 years Prison; 15 year LL 180 days Jail; 15 year LL
Aggravated 5th Offense/Refusal+ II Felony 2-50 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.

Administrative License Revocation Case
Criminal Case

Greg Nelson

Greg Nelson

Attorney at Law

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.

—"Relieved"

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