Penalties, Costs, Fees, and Other Problems
IN ADDITION TO ADMINISTRATIVE DRIVER LICENSE AND POSSIBLE
LICENSE PLATE SUSPENSION OR REVOCATION, THE COURT, IF IT
FINDS YOU GUILTY WILL IMPOSE PENALTIES:
FIRST OFFENSE DWI
One day to one year in jail and a fine of $150 up to $1000
fine plus court costs of $300.00. The court may order public
service in lieu of jail, but the court shall include the
reasons therefore in its written order or judgment.
SECOND OFFENSE DWI
Seven days to one year in jail OR no less than 30 days
community service and a fine of no less than $400 nor more
than $3000.00 and court costs of $300.00.
THIRD OFFENSE DWI
90 days to one year in jail OR no fewer than 90 days of
community service and a fine of not less than $900.00 and
no more than five thousand dollars..
FOURTH OFFENSE:
This is a felony. One year to 6 years in the state penitentiary
OR not less than one year of community service. $900 to
$5000.00 fine.
FIFTH OFFENSE:
Two years to ten years for the fifth or subsequent offense
in the state penitentiary OR not less than two years of
community service. $900 to $5000.00 fine. This is also a
felony.
Can the court impose an ignition interlock device? §5-65-118
and Act 1206
Only if you can afford it (Surely this is unique to American
law and facially unconstitutional). Then you can drive only
cars with interlock devices for up to one year after the
persons license is no longer suspended or restricted.
DRIVING ON SUSPENDED LICENSE: Penalty: Shall be
imprisoned for ten days and may be assessed a fine of not
more than one thousand dollars. ($1000.00). Also license
plate SHALL be impounded if the suspension was caused by
a DWI (§5-65-106) and owned in whole or part by the
offender. If it is in the best interest of dependents, a
temporary substitute license plate can be issued.
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