LEGAL INFORMATION ON PUNISHMENTS, FINES, FEES, ETC., FOR ALL DUI AND AGG. DUI CONVICTIONS

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1 LEGAL INFORMATION ON PUNISHMENTS, FINES, FEES, ETC., FOR ALL DUI AND AGG. DUI CONVICTIONS Note: ALL types of DUI related surcharges cannot be waived Fines & Fees are listed in the respective statutes ( ); Surcharges are listed in , & ; Time Payment Fee is stated in ; Probation Fee is stated in All Information in this Guide Applies from January 1, July 19, 2011 CHARGE Regular DUI Can be either: Impaired to the Slightest Degree Above a.08 metabolite Vapor releasing substance 1 day-6 months jail 10 days jail, but 9 may be suspended if successfully complete alcohol classes. Must serve 24 straight hours in jail first. Remainder 9 days must be served if don't complete alcohol classes serving one day in jail, if sentence is longer than one day ( )** $250 Fine $210 Surcharge $500 Prison Fund $500 Public Safety Nothing beyond Admin Per Se: 30 days complete suspension; then 60 days restricted (to/from work/school) in MVD's discretion ( (D)& (E)) If DUI drugs, revoked 1 year = $1,500. eliminated or reduced pursuant to ) ( 3 l-466(a)) 3 319(D)( 1 )(a)) (even if drugs) Regular DUI DUI above a.08 BAC (but less than.15) Must be within 84 months of date of 1 st DUI commission date (can be before or after present case ( (M)) 30 days - 6 months jail 90 days jail, but 60 may be suspended if successfully complete alcohol classes. Remainder 60 days must be served if don't complete alcohol classes $500 Fine $420 Surcharge $1250 Prison Fund $1250 Public Safety = $3,460 Revocation for one year ( (B)(1) & (F)) Classes ( (L)) 30+ hours of community service ( (K)(3) eliminated or reduced pursuant to ) Possible Monthly probation fees ( ) 3319(D)(1)(b)) * Superior Courts: Can get Work / School Furlough if: No communicable diseases / Have job/school or can get job / Can get to job/school w/o driving / No assault or violence City Courts: Can get Work Release **Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Most City Courts want some reason for client to get Home Detention. Updated as of 05/27/11 1 Sloan's Guide to All DUI Fines, Fees & Punishment 5

2 Extreme Extreme DUI DUI above a. 15 BAG (but less than.20) 30 days - 6 months jail 30 days jail - must serve entire sentence. $250 Fine $210 Surcharge $1000 Prison Fund $1000 Public Safety = $2,750 Nothing beyond Admin Per Se: 30 day full suspension; then 60 days restricted (to/from work/school) in MVD's discretion ( (D) & (E)) eliminated or reduced pursuant to ) ( 3 l-466(a)) 3319(D)(1)(a)) Extreme Extreme DUI DUI above a. 15 BAG (but less than.20) Must be within 84 months of commission date of ANY other DUI commission date (can be before or after present case ( (F)) 120 days - 6 months jail 120 days jail, at least 60 days of which must be served consecutively, but must serve entire sentence. after 24 hours ( (c))* $500 Fine $420 Surcharge $1250 Prison Fund $1250 Public Safety $10 Probation Fee = $3,710 Revocation for one year 30+ hours of community service ( (K)(3) eliminated or reduced pursuant to ) (31-466) 3319(D)(1)(b)) * Superior Courts: Can get Work / School Furlough if; No communicable diseases / Have job/school or can get job / Can get to job/school w/o driving / No assault or violence City Courts: Can get Work Release **Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Some City Courts want some reason for client to get Home Detention. Updated as of 05/27/11 2 www. MCDUI. com Sloan's Guide to All DUI Fines, Fees & Punishment 5

3 1 SI Time Super Extreme Super Extreme DUI DUI above a.20 BAC 45 days - 6 months jail 45 days jail - must serve entire sentence. $500 Fine $420 Surcharge $1000 Prison Fund $1000 Public Safety = $3,210 Nothing beyond Admin Per Se: 30 day full suspension; then 60 days restricted (to/from work/school) in MVD's discretion ( (D)&(E)) eliminated or reduced pursuant to ) (31-466) 18 month Ignition interlock ( (D)(2)) 2 nu Time Super Extreme Super Extreme DUI DUI above a.20 BAC Must be within 84 months of ANY DUI commission date (can be before or after present case) 180 days jail 180 days jail, at least 90 days of which must be served consecutively, but must serve entire sentence. $1000 Fine $840 Surcharge $1250 Prison Fund $1250 State General Fund = $4,380 Revocation for one year 30+ hours of community service ( (K)(3) eliminated or reduced pursuant to ) (31-466) 2 years Ignition interlock ( (D)(3)(a)) * Superior Courts: Can get Work / School Furlough if: No communicable diseases / Have job/school or can get job / Can get to job/school w/o driving / No assault or violence City Courts: Can get Work Release **Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Some City Courts want some reason for client to get Home Detention. Updated as of 05/27/11 3 Sloan's Guide to All DUI Fines, Fees & Punishment 5

4 Aggravated DUI - "Kid in Car" Class 6 Felony - No Prior Felonies (A)(3) "Kid in Car" (Younger than 15) With no prior felony convictions Can be either: Impaired to the Slightest Degree Above a.08 metabolite Vapor releasing substance 1 day jail (+ up to 10 years of supervised probation) years DOC ( 13- and (F)) 10 days jail, but 9 may be suspended if successfully complete alcohol classes. Jail term follows statutory requirements for s. Can be sentenced to Regular DUI Class 6; Extreme DUI Class 6; or Super Extreme DUI Class 6, as well as 2 nd Time offenses of any of the above Work Furlough eligible if sentenced to jail* $250 Fee Can get To / From Work Permit if commission date on or after 2/1/06. Will have Ignition Interlock on vehicle during restricted license period ( & ) /restriction. Probation up to 10 years if jail sentence ( 13- Classes (B) Aggravated DUI - "Kid in Car" Class 6 Felony - 1 Prior Felony (A)(3) "Kid in Car" (Younger than 15) With one prior felony conviction (any crime) RANGE WITH 1 ALLEGEABLE $250 Fee years DOC RANGE WITH 1 UNALLEGEABLE years DOC (Not probation eligible (A)). Probation up to 10 years ( 13- Classes (B) * Superior Courts: Can get Work / School Furlough if: No communicable diseases / Have job/school or can get job / Can get to job/school w/o driving / No assault or violence Updated as of 05/27/11 4 Sloan's Guide to All DUI Fines, Fees & Punishment 5

5 Aggravated DUI - "Kid in Car" Class 6 Felony - 2+ Prior Felonies (A)(3) "Kid in Car" (Younger than 15) With two or more prior felony convictions (any crimes) Note: A 3 rd or more unallegeable prior felony conviction each count as an allegeable prior felony conviction (22)(D) RANGE WITH 2+ ALLEGEABLE $250 Fee years DOC RANGE WITH 2 UNALLEGEABLE years DOC Probation upto 10 years ( 13 - Classes (B) Aggravated DUI Class 4 Felony (A) With no prior felony convictions of any kind Can be either DUI: License issue 3 rd in time When Ignition Interlock required 4 months DOC (+ up to 10 years of supervised probation) years DOC ( (B)(2) & (D)) 4 months DOC as a term of probation, and must serve every day of those 4 months Note: Sentence on Class 4 - Ignition Interlock technically does not require the minimum 4 months DOC as a term of probation, so range on that charge is zero days jail or prison + up to 10 years of supervised probation ~ years DOC ( (A)(4) & (D)) $250 Fee Probation up to 10 years if jail sentence ( \3- ' Classes (B) Updated as of 05/27/11 5 Sloan's Guide to All DUI Fines, Fees & Punishment 5

6 Aggravated DUI Class 4 Felony - 1 Prior Felony (A) With one prior felony conviction (any crime) Can be either DUI: License issue 3 T in time When Ignition Interlock required RANGE WITH 1 ALLEGEABLE years DOC RANGE WITH 1 UNALLEGEABLE years DOC (Not probation eligible (A)) $250 Fee Probation up to 10 years ( 13- Classes (B) Aggravated DUI Class 4 Felony - 2+ Prior Felonies (A) With two or more prior felony convictions (any crime) Can be either DUI: License issue 3 rd in time When Ignition Interlock required Note: A 3 r or more unallegeable prior felony conviction each count as an allegeable prior felony conviction (22)(D) RANGE WITH 2+ ALLEGEABLE $250 Fee years DOC RANGE WITH 2 UNALLEGEABLE years DOC Probation up to 10 years ( 13- Classes (B) Updated as of 05/27/11 6 Sloan's Guide to All DUI Fines, Fees & Punishment 5

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