Penalties for drivers apprehended while under the influence of alcohol or drugs vary depending on the driver’s number of offenses. Judges also have some flexibility in sentencing those who are found guilty of driving under the influence.
Penalties for a first offense
First-time penalties and fines are intended to punish the offender but are more lenient than subsequent offenses.
- Possible jail time of up to one year;
- Fine between $300-$1,000;
- License suspension up to one year;
- Community service of 40 hours;
- License reinstatement fee of $210.
Penalties for a second offense within five years of the initial offense
Penalties and fines for a second impaired driving offense committed within five years are more punitive.
- Mandatory jail sentence (minimum two days, can be sentenced to 90 days to one year);
- Fine between $600-$1,000;
- License suspension of three years;
- Community service penalty of at least 240 hours;
- License reinstatement fee of $210.
- Mandatory clinical evaluation; Offender must complete a substance abuse treatment program at his expense if the evaluation determines that substance abuse is a problem.
Penalties for a third offense within five years of the second offense
Drivers who are charged with impaired driving again within five years of the second offense are classified as habitual violators. Penalties for habitual violators are intended to prevent the offender from driving until he is rehabilitated.
- Mandatory jail sentence (minimum 15 days);
- Fine between $1,000-$5,000;
- Loss of license for five years;
- Community service penalty of at least 240 hours;
- Publication of violator’s name, photo and address in the local newspaper at the violator’s expense;
- Classification as a habitual violator;
- License plates from the offender’s vehicle are seized;
- Mandatory clinical evaluation; Offender must complete a substance abuse treatment program at his expense if the evaluation determines that substance abuse is a problem.
If you have been involved in a car accident caused by an impaired driver please contact an auto accident lawyer at the Shane Smith Law. We can assist you in every stage of your case.
Call or text 980-246-2656 or complete a Free Case Evaluation form
