2. A person commits the crime of driving while under the influence of an alcoholic
beverage, inhalant, or controlled substance if the person operates or drives a
motor vehicle or operates an aircraft or a watercraft
- while under the influence of an alcoholic beverage, intoxicating
liquor, inhalant, or any controlled substance, singularly or in combination; and/or
- if, as determined by a chemical test taken within four hours after the alleged
operating or driving, there is 0.08 percent or more by weight of alcohol in the
person's blood or 80 milligrams or more of alcohol per 100 milliliters of blood, or if
there is 0.08 grams or more of alcohol per 210 liters of the person's breath.
- Driving while under the influence of an alcoholic beverage, inhalant, or
controlled substance is a class A misdemeanor.
3. Upon conviction: The court shall impose a minimum sentence of
imprisonment of:
- 1st Offense: 72 hours in jail and a $1,500 fine
- 2nd Offense: 20 days in jail and a $3,000 fine
- 3rd Offense: 60 days in jail and a $4,000 fine
- 4th Offense: 120 days in jail and a $5,000 fine
- 5th Offense: 240 days in jail and a $6,000 fine
- 6th Offense: 360 days in jail and a $7,000 fine
4. 2nd Order Effects
• Paying for IMPOUND and TOWING FEES = $1,000
• SR-22 Insurance
• Attorney Fees
• Court Fees
