Additional Minimum Sanctions for High BAC Offenders (Jail Time and/or Fine or Other) What is the High BAC Level. No Statutory Provision

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1 for 1st Minimum Sanctions for Repeat Minimum BAC AL AK AZ t more than 1 Year and/or $600 to $2,100 t less than 72 hours and not less than $1500 (1 Year and $10,000 max.) and not more than $2,500 t more than 1 Year (5 mandatory) and $1,100 to $5,100 t less than 20 and not less than $3,000 (1 year and $10,000 max.) 90 to 6 and $2,5001 t less than 30 At least 120 hours 30 hours of Statutory Provision Permissive t Specified t Specified 6/9/ ignition interlock for BAC >.16 but <.24 1 year ignition interlock for BAC >.24 BAC.15 < and $250 ; BAC > and Mandatory Mandatory All All 12 minimum for 1st DWI Offense 12 for DWI with BAC< /16/2010 4/29/2011 offense within five years of previous offense is a Class C Felony offense within 10 years is a class C offense is a class 4 AR 24 Hours to 1 Year and $150-7 to 1 Year and $400 $3,000 t less than 30 statutory provision Permissive (Alcohol only) t Specified 4/9/2009 offense within 5 years is a CA 48 hours and $390 Suspension 4 96 hours and $390 assessments, statutory provision Both* All t more than 3 Years 9/25/2010 offense is a if offender is sentenced to incarceration in a state prison CO 5 to 1 Year and $600 - Revocation 9 70 to 1 Year and $ hours to 112 hours 90 to 1 Year and Mandatory t Specified t Specified 6/2/2011 Injury related DUI offenses are class 4 CT and - t more than 2 Years and $4, hours community service statutory provision Both Repeat t Specified Pending Legislation as of January 2011 years are DE and Revocation 3 mandatory) 60 to 18 and $750 $2,500 t specified Both All t less than 1 Year 7/24/2009 3rd offense is a class G, 4th or subsequent is a class E DC t more than 90 and $300 Suspension 2 5 to 1 Year and $5,000 At least 30 5 to 25 Permissive All t Specified DUI offenses are not classified

2 for 1st Minimum Sanctions for Repeat Minimum BAC FL and - 10 to 9 and $2,000 probation, fees, statutory provision Mandatory Repeat 1 Year for 2nd conviction; 2 Years for 3rd conviction 6/4/2010 offense within 10 years is a 3rd degree GA 10 to 12 and $300 - Suspension 1 Year 90 to 12 and $ community service statutory provision Mandatory Repeat At least 6 5/12/2008 offenses are high and aggravated misdemeanors HI 48 hours to 5 and $150 - Revocation and 240 hours community statutory provision statutory provision 6/14/2010 service offense is a class C ID and/or not more than 10 to 1 Year and not more than $2,000 Restitution,.20 or greater 10 Permissive All Equal to the Probationary Period 4/17/2009 2nd offense with high BAC is a, 3rd or subsequent offenses are IL Up to 1 Year and $2,500 5 to 1 Year and $2,500 5 jail or 240 hours community service (please refer to Illinois portion of digest) Mandatory All t Specified 2/14/2011 offenses are class 4 IN 0 and not more Suspension--up to to 3 Years and not more than $10, or 360 hours of t more than 1 Year and not more than $5,000 Permissive All Court Determined Legislation pending as of July nd or subsequent offenses within 5 years is a class D IA 48 hours to 1 Year and $1,250 Revocation to 2 Years and $1,875 $6250 Restitution, fees, statutory provision Mandatory All 1 Year or Less 3/22/2010 offense is a class D KS 48 hours to 6 and - Suspension to 1 Year and Suspension 1 Year and restricted driving privileges Mandatory Repeat t Specified 5/24/2010 offense is a nonperson KY 48 hours to 30 and/or $200 - Suspension 30 to to 6 and $ to 6 statutory provision Mandatory All 6 30 Attempted new legislation as of February rd offense with a BAC of.18 or higher is a class D, 4th and subsequent offenses are class D

3 for 1st Minimum Sanctions for Repeat Minimum BAC LA 10 to 6 and $ to 6 and $ (8 hour) of Ignition Interlock and restricted driver s license Mandatory with BAC >.20 Court Determined 6/21/2010 3rd offense can be either a misdemeanor or, 4th offense is a ME t less 7 to 12 and $700 $2,000 restitution, surcharges, 48 hours 12 and $600 $2,000 Permissive Repeat 2 4 Years 5/16/2011 offenses are a class C crime MD t more than 2 and/or not more Suspension 45 t more than 1 Year restitution, Ignition Interlock for at least 1 Year Both All 1 3 Years (At least 1 Year if BAC >.15) 5/19/2011 All DUI offenses are misdemeanors MA MI t more than 2½ years and/or not more 93 or 360 hours community service or $100- Suspension to 2 ½ Years and $600 $10,000 5 and $200 In patient treatment, restitution, See MI Criminal Sanctions.20 or above.17 or above Under 21 years of age 14 day inpatient treatment, 21years or older mandatory alcohol assessment t more than 180 or more than 360 hours of or $200 $700 Mandatory Repeat 2 Years Pending as of 1/13/2011 Permissive First Time Court Determined 9/2/2010 offenses are years are MN 90 and/or not more than Revocation year and/or not more than $3,000 Restitution, Revocation twice the applicable 3 Permissive All t Specified 5/18/2010 First degree drunk Driving offense: a drunk driving offense with 3 or more aggravating factors is a MS t more than 48 hours and/or $250 - Suspension 30 5 to 1 Year and $ year, restitution, statutory provision Permissive All At least 6 3/22/2007 offenses are MO and/or not more Assuming conviction under state law penalties Suspension 30 t more than 1 Year Assuming conviction under state law, penalties for Community service (in lieu of jail), education, statutory provision Mandatory All treatment, t less than 6 6/16/2011 offense are class D MT 24 hours to 6 and $300-7 to 6 and $600 restitution, statutory provision Mandatory All t Specified 5/6/2011 offenses are

4 for 1st Minimum Sanctions for Repeat Minimum BAC NE 0 and not more Revocation 90 and not more restitution, 2 to 60 and not more Permissive All At least 6 5/26/2011 offenses within 12 years are class IV, injury related DUI offenses are class IIIA NV 2 to 6 and $400 - Revocation to 6 and $750 statutory provision Both All restitution, fees, 3 6 for BAC<.18; for BAC>.18 5/29/2011 offense are category B NH - $1, and $750 $2,000 fees, statutory provision Mandatory Aggravated or Repeat years 5/19/2010 noninjury DUI offenses are, and DUI with serious bodily injury is a class B NJ hours and $250 - $ hours 90 and 30 community service, restitution, fees and surcharges statutory provision Mandatory High BAC 6 3 years Ricci's Law 6/8/2009 Drunk Driving is a violation, not a "crime" NM t more than 90 and not more Revocation 6 t more than hours community and/or not more service, restitution, statutory provision Mandatory All 1 3 years 3/3/2010 than fees, treatment costs. 4th offense is a 4th degree NY t more than 15 and/or $300 - t more than 30 and/or $ community service, surcharges and fees.18 or above t more than 1 year and/or $1000 $2,500 Mandatory Aggravated t Specified 11/18/2009 2nd offense within 10 years is a Class E, 3rd offense within 10 years is a class D NC 24 hours 60 and up to $200 4 Revocation hours 120 and up to 48 hours community service, monitoring, fees statutory provision Both Repeat and with BAC >.15 1 year to Permanent 8/26/2009 offense is a class F ND 30 and/or Suspension 91 (30 mandatory) 30 and/or 30 community statutory provision service (in lieu of jail) Permissive All t Specified 4/27/2011 5th and subsequent offenses are class C OH and $375 - $1,075 Suspension 3 and $525 $1,625 Community service and restitution.17 and above 6 consecutive in jail5 Both All t Specified 6/27/2008 4th offense within 6 years is a fourth degree, subsequent offenses are class C

5 for 1st Minimum Sanctions for Repeat Minimum BAC OK 10 1 year and not more than Revocation years and not more than $2,500 restitution Assessment, evaluation, and treatment in addition to other sanctions. Both12 All See Footnote 5/26/2011 2nd and subsequent offenses within ten years are OR t more than 1 year and not less than t more than 1 year and not less than hours, restitution, fees $2,000 Mandatory All 1 2 years 6/7/2011 offenses are class C PA 6 probation and $ and $300 $2, hours community service, Depends on the BAC 48 consecutive hours 6 and $5,000 Mandatory All t Specified Pending Legislation as recent as April rd of subsequent offenses are 1st degree misdemeanors PR $ and $750 statutory provision statutory provisions injury DUI offenses are RI Up to 1 year and/or $100 - $300 N/ A 10 1 year and $400 Fees, Up to 1 year and/or Permissive Repeat 1 2 years 6/8/2011 n Injury DUI offenses are misdemeanors, DUI with serious bodily injuries are SC 48 hours 30 or $400 6 See footnote 5 1 year and $2,100 $5,100 Fees, or Mandatory Repeat 2 years Permanent 6/11/2008 offenses within ten years are class F SD t more than 1 year and/or not more than $2,000 t more than 1 year $2,000 probation, treatment statutory provision statutory provisions 3/15/2011 3rd offense within five years is a class 6, offenses within five years are class 5 TN 48 hours and $ , 29 and $600 $3,500 Restitution, fees 7 and $350 Permissive All Up to 1 year 6/1/2011 years is a class E TX 72 hours 180 and/or not more than $2, year $4,000 statutory provision Both All Up to 1 year 6/17/2011 offenses are 3rd degree

6 for 1st Minimum Sanctions for Repeat Minimum BAC UT 48 hours 180 and not more than plus 90% surcharge Suspension 120 (or until 21 years old, whichever is longer for drivers under 21) and not more than plus 85% surcharge 240 hours community service or 10 home confinement in lieu of jail, vehicle impoundment, Probation Both13 All Up to 10 years 3/30/2011 years are 3rd degree VT t more than 2 years and/or not more than $750 t more than 2 years and/or not more than At least 200 hours (mandatory in lieu of statutory provision jail) statutory provisions 3rd or Subsequent Up to 180 5/31/2011 offenses are VA t more than 12 and/or not more than $2,500 Suspension 7 t more than 1 year $2,500 Restitution, and above 5 /$ /$250 Both14 All See footnote 3/26/2011 3rd years is a class 6 WA 1 day 1 year and $350 - $5, year, 60 home Restitution, fees, monitoring and $5, year and $5,000 Both15 All 1 to 10 years 5/10/2011 All DUI offenses are misdemeanors WV Up to 6 and $100 - Revocation year and $3,000 assessments 2 6 / Both16 All offenders See footnote 4/1/2008 offenses are WI $150 - $ and $350 $1, and above8 See footnote Mandatory 1st with BAC.15 and Repeat t less than 1 year 3/15/2010 offenses are a class H WY and/or not more than $ and $200 $750 Rehabilitation, statutory provision Mandatory 1st with BAC >.15 and Repeat 6 Permanent 3/3/2011 offenses within 5 years are "Minimum Sanctions for 1st ", "", "Minimum Sanctions for Repeat ", "Minimum BAC " and "" Columns are all taken from charts first created by the National Highway Trafic Safety Association. The "" and "" Columns were created using information provided by the National Council on Legislatures.

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