Thomas A. King, P.C. |
Driving while under influence of alcohol, controlled substances
1. There is 0.08 percent or more by weight of alcohol in his or her
blood;
2. Under the influence of alcohol
3. Under the influence of a controlled substance to a degree which
renders him or her incapable of safely driving
4. Under the combined influence of alcohol and a controlled substance to
a degree which renders him or her incapable of safely driving or
5. Under the influence of any substance which impairs the mental or
physical faculties of such person to a degree which renders him or her incapable
of safely driving.
6. A person who
is under the age of 21 years shall not drive or be in actual physical control of
any vehicle if there is .02 percentage or more by weight of alcohol in his or
her blood. The Department of Public
Safety shall suspend or revoke the driver's license of any person, including,
but not limited to, a juvenile, child, or youthful offender, convicted or
adjudicated of, or subjected to a finding of delinquency based on this
subsection. Notwithstanding the
foregoing, upon the first violation of this subsection by a person whose blood
alcohol level is between .02 and .08, the person's driver's license or driving
privilege shall be suspended for a period of 30 days in lieu of any penalties. FIRST D.U.I. CONVICTIONUpon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.
On a second conviction within a five-year period, a person convicted of
violating this section shall be punished by a fine of not less than one thousand
one hundred dollars ($1,100) nor more than five thousand one hundred dollars
($5,100) and by imprisonment, which may include hard labor in the county or
municipal jail for not more than one year.
The sentence shall include a mandatory sentence, which is not subject to
suspension or probation, of imprisonment in the county or municipal jail for not
less than five days or community service for not less than 30 days.
In addition the Director of Public Safety shall revoke the driving
privileges or driver's license of the person convicted for a period of one year. THIRD D.U.I. CONVICTION
On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years. On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years. In addition to the penalties provided herein, any person convicted of D.U.I. shall be referred to the court referral officer(C.R.O.) for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver's license to a person convicted under the D.U.I. law without receiving proof that the defendant has successfully completed the required program.
Driver License Reinstatement Fees:
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