DRIVING UNDER THE INFLUENCE

1st Time DUI Offender

.08 (BAC) [55-10-401] [55-10-403]
48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
.20 BAC or greater minimum jail time 7 consecutive days
License revocation for 1 year – Restricted License available
You will be ordered to participate in an alcohol and drug treatment program
Pay restitution to any person suffering physical injury or personal loss
$350-$1,500 fine
Ignition Interlock Device installed at your expense.
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
Drug and Alcohol Treatment may be required at the judge’s discretion

2nd Time DUI Offender

45 days to 11 months, 29 days in jail
$600-$3,500 mandatory fine
License revocation for 2 years/Restricted License available
Subject to vehicle seizure/forfeiture
You will be ordered to attend an alcohol and drug treatment program
Ignition Interlock Device installed at your expense
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
Pay restitution to any person suffering personal injury or loss

3rd Time DUI Offender

120 days to 11 months, 29 days in jail
$1,100 to $10,000 mandatory fines
License revocation for 6 years/Restricted license available
Subject to vehicle seizure/forfeiture
Alcohol and drug treatment program
Ignition Interlock Device installed at your expense
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

4th and Subsequent DUI Offender

Class E Felony
1 Year (365) days of jail time with a minimum of 150 consecutive days served
$3,000 to $15,000 mandatory fine
License revocation for 8 years/Restricted license available
Subject to vehicle seizure/forfeiture
Alcohol and drug treatment program
Ignition Interlock Device installed at your expense
If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense