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A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle and the person is under the influence of alcoholic beverages, any chemical substance, or any substance controlled under chapter 893, to the extent that the person's normal faculties are impaired.
Enhanced penalties for Blood/Breath Alcohol Level of .15 or higher, minor in vehicle, and DUI accident involving property damage or personal injury.
Being arrested for a DUI is a two-pronged effect involving criminal and civil penalties.
The important issues an attorney must review in a DUI case are the following:
1. The basis for the traffic stop
2. Field Sobriety Test
3. Breath or Blood Results
4. Any other pertinent information revealed through the investigation process.
No two cases are alike as such each DUI is reviewed on an independent basis.
| DUI |
FINES |
PENALTIES |
IMPRISONMENT |
| 1st |
500-1000 |
12months probation, 6 months driver's license suspension, 50 hours community service work, DUI school, 10 day vehicle impoundment. |
up to 6 months |
| 2nd |
1000-2000 |
12 months probation, if conviction within 5 years
5 year license revocation, DUI school, 30 day vehicle impoundment. |
2nd within 5, mandatory 10 days jail. Up to 9 months. |
| 3rd |
2000-5000 |
3rd Degree Felony if 3rd within 10. 10 year license revocation, 90 days vehicle impoundment. |
3rd within 10, mandatory 30 days jail. Up to 5 years |
| 4th or subsequent |
2000 |
3rd Degree Felony. Mandatory permanent revocation. |
Up to 5 years |
| DUI/Manslaughter |
10000 |
2nd Degree Felony
Mandatory permanent revocation |
Up to 15 years |
| DUI/Manslaughter Leaving the scene |
10000 |
1st Degree Felony |
Up to 30 years |
| Vehicular Homicide/Leaving the Scene |
10000 |
1st Degree Felony |
Up to 30 years |
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