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| Law Offices of Stephanie Lee Ehrbright, Esq. |
Aggravated DUI – “Kid in Car” Class 6 Felony- No Prior Felonies
Agg. DUI
§28-1383(A)(3) (Younger than 15)
With no prior felony convictions
Can be either:
• Impaired to the Slightest Degree
• Above a .08
• Any drug
• Any drug metabolite
• Vapor releasing substance
INCARCERATION:
RANGE:
1 day jail (+ up to 10 years of supervised probation) – .33 – .5 – 1 – 1.5 – 2 years DOC (§13-902(B)(2) & §28-1383
(F) & §13-702(D))
MINIMUM:
10 days jail, but 9 may be suspended if successfully complete alcohol classes. (§28-1381(I)(1))
Jail term follows statutory requirements for Misdemeanor DUIs. Can be sentenced to Regular DUI Class 6;
Extreme DUI Class 6; or Super Extreme DUI Class 6, as well as 2nd Time offenses of any of the above
Work Furlough / Work Release eligible if sentenced to jail for more than one or two days.*
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can get restricted IID License in MVDs discretion (§28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Probation up to 10 years if jail sentence (§13-902(B)(2)
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Monthly probation fees – usually $65/month - §31-466(a)
• Possible SR22 insurance
• 1 year Interlock for Regular DUI only. Can be reduced to 6 months or eliminated for med or employment
(§28-3319). 2 year for Extreme DUI (§28-3319(D)(3)(b))
• DNA taken
• Victim Impact Panel (MADD)
• Possible DUI Court program
• Felony is forever allegeable – §13-105(22)(a)(v)
Aggravated DUI- “Kid in Car” Class 6 Felony – 1 Prior Felony
Agg. DUI
§28-1383(A)(3) (Younger than 15)
With one prior felony conviction (any crime)
INCARCERATION:
RANGE WITH 1 ALLEGEABLE PRIOR FELONY:
.75 – 1 – 1.75 – 2.25 – 2.75 years DOC
(§13-703(B) & (I))
RANGE WITH 1 UNALLEGEABLE PRIOR FELONY:
.3 – .5 – 1 – 1.5 – 1.8 years DOC
(Not probation eligible - §13-703(A) & (H))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
*Superior Courts: Can get 6 days 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 conviction / U.S. Citizen or Legal Resident. Ask
Court to ORDER into Work Furlough. Work Release unlikely.
Aggravated DUI – “Kid in Car” Class 6 Felony – 2+ Prior Felonies
Agg. DUI
§28-1383(A)(3)
“Kid in Car” (Younger than 15)
With two or more prior felony convictions (any crimes)
Note: A 3rd or more unallegeable prior felony conviction each count as an allegeable prior felony conviction - §13-
105(22)(D)
INCARCERATION:
RANGE WITH 2+ ALLEGEABLE PRIOR FELONIES:
2.25 – 3 – 3.75 – 4.5 – 5.75 years DOC (§13-703(C) & (J))
RANGE WITH 2 UNALLEGEABLE PRIOR FELONIES:
.75 – 1 – 1.75 – 2.25 – 2.75 years DOC
(§13-703(B) & (I))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVER’S LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
AGGRAVATED DUI CLASS 4 FELONY
Agg. DUI
§28-1383(A)
With no prior felony convictions of any kind
Can be either DUI:
• License issue
• 3rd in time
When Ignition Interlock required
INCARCERATION:
RANGE:
24 days DOC (+ up to 10 years of supervised probation) – 1 – 1.5 – 2.5 – 3 – 3.75 years DOC (§13-902 (B)(2) & §28-
1383(D) & §13-702(D))
MINIMUM:
4 months DOC as a term of probation.
Note: Sentence on Class 4 Agg. DUI – 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 – 1 – 1.5 – 2.5 – 3 – 3.75 years DOC. (§28-1383(A)(4) & §28-1383(D))
May be eligible for Continuous Alcohol Monitoring Program after serving first 20% of sentence. (§31-233)**
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Probation up to 10 years (§13-902(B)(2)
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Monthly probation fees – usually $65/month - §31-466(a)
• Possible SR22 insurance
• 2 years Ignition Interlock 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Possible DUI Court program
• Felony is forever allegeable – §13-105(22)(a)(v)
** Continuous Alcohol Monitoring Program: Can get in Superior Court (if established). Will have to pay $30 a
month or less for the program
AGGRAVATED DUI CLASS 4 FELONY – 1 PRIOR FELONY
Agg. DUI
§28-1383(A)
With one prior felony conviction (any crime)
Can be either DUI:
• License issue
• 3rd in time
• When Ignition Interlock required
INCARCERATION:
RANGE WITH 1 ALLEGEABLE PRIOR FELONY:
2.25 – 3 – 4.5 – 6 – 7.5 years DOC
(§13-703(B) & (I))
RANGE WITH 1 UNALLEGEABLE PRIOR FELONY:
1.1 – 1.5 – 2.5 – 3 – 3.75 years DOC
(Not probation eligible - §13-703(A) & (H))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
AGGRAVATED DUI CLASS 4 FELONY- 2+ PRIOR FELONIES
Agg. DUI
§28-1383(A)
With two or more prior felony convictions (any crime)
Can be either DUI:
• License issue
• 3rd in time
• When Ignition Interlock required
Note: A 3rd or more unallegeable prior felony conviction each count as an allegeable prior felony conviction - §13-
105(22)(D)
INCARCERATION:
RANGE WITH 2+ ALLEGEABLE PRIOR FELONIES:
6 – 8 – 10 – 12 – 15 years DOC
(§13-703(C) & (J))
RANGE WITH 2 UNALLEGEABLE PRIOR FELONIES:
2.25 – 3 – 4.5 – 6 – 7.5 years DOC
(§13-703(B) & (I))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
Agg. DUI
§28-1383(A)(3) (Younger than 15)
With no prior felony convictions
Can be either:
• Impaired to the Slightest Degree
• Above a .08
• Any drug
• Any drug metabolite
• Vapor releasing substance
INCARCERATION:
RANGE:
1 day jail (+ up to 10 years of supervised probation) – .33 – .5 – 1 – 1.5 – 2 years DOC (§13-902(B)(2) & §28-1383
(F) & §13-702(D))
MINIMUM:
10 days jail, but 9 may be suspended if successfully complete alcohol classes. (§28-1381(I)(1))
Jail term follows statutory requirements for Misdemeanor DUIs. Can be sentenced to Regular DUI Class 6;
Extreme DUI Class 6; or Super Extreme DUI Class 6, as well as 2nd Time offenses of any of the above
Work Furlough / Work Release eligible if sentenced to jail for more than one or two days.*
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can get restricted IID License in MVDs discretion (§28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Probation up to 10 years if jail sentence (§13-902(B)(2)
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Monthly probation fees – usually $65/month - §31-466(a)
• Possible SR22 insurance
• 1 year Interlock for Regular DUI only. Can be reduced to 6 months or eliminated for med or employment
(§28-3319). 2 year for Extreme DUI (§28-3319(D)(3)(b))
• DNA taken
• Victim Impact Panel (MADD)
• Possible DUI Court program
• Felony is forever allegeable – §13-105(22)(a)(v)
Aggravated DUI- “Kid in Car” Class 6 Felony – 1 Prior Felony
Agg. DUI
§28-1383(A)(3) (Younger than 15)
With one prior felony conviction (any crime)
INCARCERATION:
RANGE WITH 1 ALLEGEABLE PRIOR FELONY:
.75 – 1 – 1.75 – 2.25 – 2.75 years DOC
(§13-703(B) & (I))
RANGE WITH 1 UNALLEGEABLE PRIOR FELONY:
.3 – .5 – 1 – 1.5 – 1.8 years DOC
(Not probation eligible - §13-703(A) & (H))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
*Superior Courts: Can get 6 days 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 conviction / U.S. Citizen or Legal Resident. Ask
Court to ORDER into Work Furlough. Work Release unlikely.
Aggravated DUI – “Kid in Car” Class 6 Felony – 2+ Prior Felonies
Agg. DUI
§28-1383(A)(3)
“Kid in Car” (Younger than 15)
With two or more prior felony convictions (any crimes)
Note: A 3rd or more unallegeable prior felony conviction each count as an allegeable prior felony conviction - §13-
105(22)(D)
INCARCERATION:
RANGE WITH 2+ ALLEGEABLE PRIOR FELONIES:
2.25 – 3 – 3.75 – 4.5 – 5.75 years DOC (§13-703(C) & (J))
RANGE WITH 2 UNALLEGEABLE PRIOR FELONIES:
.75 – 1 – 1.75 – 2.25 – 2.75 years DOC
(§13-703(B) & (I))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVER’S LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
AGGRAVATED DUI CLASS 4 FELONY
Agg. DUI
§28-1383(A)
With no prior felony convictions of any kind
Can be either DUI:
• License issue
• 3rd in time
When Ignition Interlock required
INCARCERATION:
RANGE:
24 days DOC (+ up to 10 years of supervised probation) – 1 – 1.5 – 2.5 – 3 – 3.75 years DOC (§13-902 (B)(2) & §28-
1383(D) & §13-702(D))
MINIMUM:
4 months DOC as a term of probation.
Note: Sentence on Class 4 Agg. DUI – 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 – 1 – 1.5 – 2.5 – 3 – 3.75 years DOC. (§28-1383(A)(4) & §28-1383(D))
May be eligible for Continuous Alcohol Monitoring Program after serving first 20% of sentence. (§31-233)**
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Probation up to 10 years (§13-902(B)(2)
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Monthly probation fees – usually $65/month - §31-466(a)
• Possible SR22 insurance
• 2 years Ignition Interlock 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Possible DUI Court program
• Felony is forever allegeable – §13-105(22)(a)(v)
** Continuous Alcohol Monitoring Program: Can get in Superior Court (if established). Will have to pay $30 a
month or less for the program
AGGRAVATED DUI CLASS 4 FELONY – 1 PRIOR FELONY
Agg. DUI
§28-1383(A)
With one prior felony conviction (any crime)
Can be either DUI:
• License issue
• 3rd in time
• When Ignition Interlock required
INCARCERATION:
RANGE WITH 1 ALLEGEABLE PRIOR FELONY:
2.25 – 3 – 4.5 – 6 – 7.5 years DOC
(§13-703(B) & (I))
RANGE WITH 1 UNALLEGEABLE PRIOR FELONY:
1.1 – 1.5 – 2.5 – 3 – 3.75 years DOC
(Not probation eligible - §13-703(A) & (H))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
AGGRAVATED DUI CLASS 4 FELONY- 2+ PRIOR FELONIES
Agg. DUI
§28-1383(A)
With two or more prior felony convictions (any crime)
Can be either DUI:
• License issue
• 3rd in time
• When Ignition Interlock required
Note: A 3rd or more unallegeable prior felony conviction each count as an allegeable prior felony conviction - §13-
105(22)(D)
INCARCERATION:
RANGE WITH 2+ ALLEGEABLE PRIOR FELONIES:
6 – 8 – 10 – 12 – 15 years DOC
(§13-703(C) & (J))
RANGE WITH 2 UNALLEGEABLE PRIOR FELONIES:
2.25 – 3 – 4.5 – 6 – 7.5 years DOC
(§13-703(B) & (I))
FINES & FEES:
$250 Fee
$750 Fine
$622.50 Surcharge
$1500 Prison Fund
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,675.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
1-year license revocation, which begins upon conviction (§28-1383(J)(1)).
Can’t get To / From Work Driving Permit
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
OTHER TERMS:
• Alcohol / Drug Screening & Classes – §28-1387(B)
• Possible community service
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable – §13-105(22)(a)(v)
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