Section 894Plea (some restrictions apply) lets you plead, pay fine, driving school, assessment, and community service and dsismiss after one year probation with no conviction on record. It can be used for enhancement to second offense but insurance can not be raised, no SR22 high risk coverage required and prevents license suspension (if not suspended under Administrative proceedings). Always have attorney file for Administrative Hearing within fifteen days for refusal or failure of Breath Test.
Penalties:
Penalties and legnth of suspension of license increase as the blood alcohol level increases and number of convictions with in last ten (10) years:
FIRST OFFENSE:
.08% Fine $300.00 to $1,000.00, Two (2) days in jail or 32 hours community service (half must be litter abatement) and participate in court approved sustance abuse program and driver improvement program.
.15% Same fine, Two days in jail mandatory plus 32 hours community service (half must be litter abatement) and participate in court approved sustance abuse program and driver improvement program.
.20% Fine $750.00 to $300.00, Two days in jail mandatory plus 32 hours community service (half must be litter abatement) and participate in court approved sustance abuse program and driver improvement program
Administrative Suspension of License for Breath Test Refusal, Reading or Conviction of DUI
Refusal: driving privileges suspended one year from the date of suspension; and Two years from the date of suspension on the second and subsequent refusal occurring within five years of the date of a refusal to submit to the test, both suspensions are without the benefit of eligibility for a hardship license in the event that a fatality occurred or a person sustained serious bodily injury as a result of an accident and the person's intoxication is determined by a trier of fact to be the contributing factor of the fatality or serious bodily injury. Criminal Penalties if refused twice before or if previously refused and fatality or serious bodily injury previously determined and try to refuse again.
Reading of .02% or above and under age of 21 driving privileges shall be suspended for one hundred eighty days.
.08 % or above driving privileges shall be suspended for ninety days from the date of suspension on first offense violation, without eligibility for a hardship license for the first thirty days, and for three hundred sixty-five days from the date of suspension, without eligibility for a hardship license, on second and subsequent violations occurring within five years of the first offense.
.20 % or above driving privileges shall be suspended for two years from the date of suspension on first offense violation and for four years from the date of suspension for second offense violation. (No refusal allowed after second refusal or criminal penalties)
A Conviction for First or Second Offense DUI with out breath test results in similar license suspension.
If suspended for a first or second offense conviction of operating a motor vehicle while under the influence of alcoholic beverages or who either refused to submit or who submitted to the test, upon proof to D.P.S. that his motor vehicle has been equipped with a functioning ignition interlock device, be immediately eligible for and shall be granted a restricted license during period of suspension.(These cost $1,500.00 to $2,000.00 install and monthly fee of $150.00 to $250.00) License is restricted to time and streets necessary to earn a living.
