Penalties for Driving Under the Influence Conviction

"Driving under the Influence" is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds and methamphetamine. A driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance, or is impaired by medication. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual with a BAC between .05 and .08 may be convicted of DUI if additional evidence determines that the driver was impaired.

Penalties for DUI is vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver's age, the driver's BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI.

First Conviction

If committed with a BAC of .16 or more - In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of com- munity service.If committed while transporting a child under age 16 - In addition to any penal- ties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony - In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Conviction

If committed with a BAC of .16 or more - In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felonies.If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony - In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Conviction (Aggravated DUI)

If committed with BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction (Aggravated DUI)

If committed with a BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction (Aggravated DUI)

If committed with a BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated DUI)

If committed with a BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Penalties of Underage DUI:

Drivers under age 21 face a minimum 2-year driver's license revocation for a first DUI conviction in addition to the penalties that apply for DUI offenders age 21 and older. The offender is not eligible for an RDP until the second year of the revocation period. An offender under age 18 on a statutory summary suspension is not eligible for an MDDP and may be subject to remedial education and/or retesting prior to reinstatement of his/her driving privileges.

A person under age 21 convicted of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver's Visitation Program. The offender will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, the offender may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes may be viewed.

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Jessica Robin has published 4 articles. Article submitted on August 27, 2013. Word count: 743

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