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What Are The Criminal Penalties For Dui?

If you are convicted for a first offense, or an offense that is treated like a first offense because it is not "... preceded within a five­year period by a conviction for driving under the influence of intoxicating liquor under this section or section 291­4.4", you "... shall be sentenced as follows without possibility of probation or suspension of sentence":
    (A) A fourteen­hour minimum alcohol abuse rehabilitation program including education and counseling, or other comparable program deemed appropriate by the court; and (B) Ninety­day prompt suspension of license with absolute prohibition from operating a motor vehicle during suspension of license, or the court may impose, in lieu of the ninety­day prompt suspension of license, a minimum thirty­day prompt suspension of license with absolute prohibition from operating a motor vehicle and, for the remainder of the ninety­day period, a restriction on the license that allows the person to drive for limited work­related purposes and to participate in alcoholism treatment programs; and (C) Any one or more of the following:
      (i) Seventy­two hours of community service work;
      (ii) Not less than forty­eight hours and not more than five days of imprisonment; or
      (iii) A fine of not less than $150 but not more than $1,000.
Some judges impose higher than minimum fines for cases with what they consider to be egregious factors (e.g. high alcohol concentration test results, motor vehicle accidents, uncooperative conduct during the arrest, etc.). Community service is generally not ordered, unless requested by a defendant whose financial circumstances make it impossible, or a hardship, to pay a fine.

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