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| Law Offices of Stephanie Lee Ehrbright, Esq. |
1st Time Misdemeanor Regular DUI §28-1381
Can be either:
• Impaired to the Slightest Degree
• Above a .08
• Any drug
• Any drug metabolite
Vapor releasing substance
INCARCERATION
RANGE:
1 day – 6 months jail
MINIMUM:
10 days jail, but 9 may be suspended if successfully complete alcohol classes or Continuous Alcohol Monitoring
Program. (§28-1381(I)(1))
Must serve 1 day in jail first. Other 9 days to be served if don’t complete alcohol classes.
May be eligible for Home Detention after serving one day in jail, if sentence is longer than one day. (§11-459)**
FINES & FEES
$250 Fine
$207.50 Surcharge
$500 Prison Fund
$500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $1,510.50
* If commission date on or after 7/20/11
DRIVERS LICENSE
Nothing beyond Admin Per Se: 30 days complete suspension; then 60 days restricted driving permit (to/from
work/school) in MVD’s discretion (§28-1387(D)& (E)). If DUI drugs, revoked 1 year.
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• Possible community service
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466(a))
• Possible SR22 insurance
1 year Interlock for alcohol only. Can be reduced to 6 months or eliminated for med or employment (§28-3319)
2nd Time Regular DUI §28-1381
DUI above a .08 BAC (but less than .15)
Must be within 84 months of date of 1st DUI commission date (can be before or after present case (§28-1381(M))
INCARCERATION:
RANGE:
6 days – 6 months jail
MINIMUM:
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. (§28-1381(K)(1))
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
FINES AND FEES:
$500 Fine
$415 Surcharge
$1250 Prison Fund
$1250 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $3,468
If commission date on or after 7/20/11
DRIVER’S LICENSE:
Revocation for one year
Can get restricted IID License in MVD’s discretion (§28-1381(O) & §28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(L))
• 30+ hours of community service (§28-1381(K)(3)
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible Monthly probation fees (§31-466)
• Possible SR22 insurance
• 1 year Interlock Device. Can be eliminated for med or employment (§28-3319)
* 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 City Courts: Can get Work Release
** Home Detention: Can get Home Detention in City and Superior Court (if established). Client must pay for
Home Detention, and Court has discretion to order it.
** Continuous Alcohol Monitoring Program: Can get in City (if established) or Superior Court (if established).
Will have to pay $30 a month or less for the program
1ST Time Extreme Misdemeanor DUI §28-1382
DUI above a .15 BAC (but less than .20)
INCARCERATION:
RANGE:
1 day – 6 months jail
MINIMUM:
30 days jail, but 21 may be suspended if install Ignition Interlock Device on vehicle for 12 months. (§28-1382(D)
(1)) & (I))
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$250 Fine
$207.50 Surcharge
$250 DUI Fund
$1000 Prison Fund
$1000 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $2,760.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
Nothing beyond Admin Per Se: 30 day full suspension; then 60 days restricted driving permit (to/from
work/school) in MVD’s discretion (§28-1387(D) & (E))
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• Possible community service
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466(a))
• Possible SR22 insurance
1 year Interlock for alcohol only. Can be reduced to 6 months or eliminated for med or employment (§28-3319)
2nd Time Extreme Misdemeanor DUI §28-1382
DUI above a .15 BAC (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 (§28-1382(F))
INCARCERATION:
RANGE:
24 days – 6 months jail
MINIMUM:
120 days jail (§28-1382(E)(1))
Work Furlough / Work Release Eligible after 48 hours (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$500 Fine
$415 Surcharge
$250 DUI Fund
$1250 Prison Fund
$1250 Public Safety Equip. Fund
$20 Time Pay Fee
$10 Probation Fee
$13 Assessment*
= $3,718
If commission date on or after 7/20/11
DRIVERS LICENSE:
Revocation for one year
Can get restricted IID License in MVD’s discretion (§28-1382(H) & §28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• 30+ hours of community service (§28-1381(K)(3)
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466)
• Possible SR22 insurance
1 year Interlock Device. Can be eliminated for med or employment (§28-3319)
* 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 City Courts: Can get Work Release
**Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Client must pay for
Home Detention, and Court has discretion to order it.
** Continuous Alcohol Monitoring Program: Can get in City (if established) or Superior Court (if established).
Will have to pay $30 a month or less for the program
1st Time Super Extreme Misdemeanor DUI §28-1382
DUI above a .20 BAC
INCARCERATION:
RANGE:
2 days – 6 months jail
MINIMUM:
45 days jail, but 31 may be suspended if install Ignition Interlock Device on vehicle for 12 months. (§28-1382(D(1))
& (I))
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$500 Fine
$415 Surcharge
$250 DUI Fund
$1000 Prison Fund
$1000 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
=$3,218
* If commission date on or after 7/20/11
DRIVER’S LICENSE:
Nothing beyond Admin Per Se: 30 day full suspension; then 60 days restricted driving permit (to/from
work/school) in MVD’s discretion (§28-1387(D)&(E))
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• Possible community service
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466)
• Possible SR22 insurance
• 18 month Interlock Device. Can be eliminated for med or employment (§28-3319)
2nd Time Super Extreme Misdemeanor DUI §28-1382
DUI above a .20 BAC
Must be within 84 months of ANY DUI commission date (can be before or after present case)
INCARCERATION:
RANGE:
36 days – 6 months jail (§28-1382(E)(1))
MINIMUM:
180 days jail, at least 90 days of which must be served consecutively, but must serve entire sentence.
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$1000 Fine
$830 Surcharge
$250 DUI Fund
$1250 Prison Fund
$1250 State General Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,633
* If commission date on or after 7/20/11
DRIVER’S LICENSE:
Revocation for one year
Can get restricted IID License in MVD’s discretion (§28-1382(H) & §28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• 30+ hours of community service (§28-1381(K)(3)
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466)
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
* 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 City Courts: Can get Work Release
**Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Client must pay for
Home Detention, and Court has discretion to order it.
** Continuous Alcohol Monitoring Program: Can get in City (if established) or Superior Court (if established).
Will have to pay $30 a month or less for the program
Can be either:
• Impaired to the Slightest Degree
• Above a .08
• Any drug
• Any drug metabolite
Vapor releasing substance
INCARCERATION
RANGE:
1 day – 6 months jail
MINIMUM:
10 days jail, but 9 may be suspended if successfully complete alcohol classes or Continuous Alcohol Monitoring
Program. (§28-1381(I)(1))
Must serve 1 day in jail first. Other 9 days to be served if don’t complete alcohol classes.
May be eligible for Home Detention after serving one day in jail, if sentence is longer than one day. (§11-459)**
FINES & FEES
$250 Fine
$207.50 Surcharge
$500 Prison Fund
$500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $1,510.50
* If commission date on or after 7/20/11
DRIVERS LICENSE
Nothing beyond Admin Per Se: 30 days complete suspension; then 60 days restricted driving permit (to/from
work/school) in MVD’s discretion (§28-1387(D)& (E)). If DUI drugs, revoked 1 year.
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• Possible community service
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466(a))
• Possible SR22 insurance
1 year Interlock for alcohol only. Can be reduced to 6 months or eliminated for med or employment (§28-3319)
2nd Time Regular DUI §28-1381
DUI above a .08 BAC (but less than .15)
Must be within 84 months of date of 1st DUI commission date (can be before or after present case (§28-1381(M))
INCARCERATION:
RANGE:
6 days – 6 months jail
MINIMUM:
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. (§28-1381(K)(1))
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
FINES AND FEES:
$500 Fine
$415 Surcharge
$1250 Prison Fund
$1250 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $3,468
If commission date on or after 7/20/11
DRIVER’S LICENSE:
Revocation for one year
Can get restricted IID License in MVD’s discretion (§28-1381(O) & §28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(L))
• 30+ hours of community service (§28-1381(K)(3)
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible Monthly probation fees (§31-466)
• Possible SR22 insurance
• 1 year Interlock Device. Can be eliminated for med or employment (§28-3319)
* 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 City Courts: Can get Work Release
** Home Detention: Can get Home Detention in City and Superior Court (if established). Client must pay for
Home Detention, and Court has discretion to order it.
** Continuous Alcohol Monitoring Program: Can get in City (if established) or Superior Court (if established).
Will have to pay $30 a month or less for the program
1ST Time Extreme Misdemeanor DUI §28-1382
DUI above a .15 BAC (but less than .20)
INCARCERATION:
RANGE:
1 day – 6 months jail
MINIMUM:
30 days jail, but 21 may be suspended if install Ignition Interlock Device on vehicle for 12 months. (§28-1382(D)
(1)) & (I))
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$250 Fine
$207.50 Surcharge
$250 DUI Fund
$1000 Prison Fund
$1000 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $2,760.50
* If commission date on or after 7/20/11
DRIVERS LICENSE:
Nothing beyond Admin Per Se: 30 day full suspension; then 60 days restricted driving permit (to/from
work/school) in MVD’s discretion (§28-1387(D) & (E))
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• Possible community service
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466(a))
• Possible SR22 insurance
1 year Interlock for alcohol only. Can be reduced to 6 months or eliminated for med or employment (§28-3319)
2nd Time Extreme Misdemeanor DUI §28-1382
DUI above a .15 BAC (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 (§28-1382(F))
INCARCERATION:
RANGE:
24 days – 6 months jail
MINIMUM:
120 days jail (§28-1382(E)(1))
Work Furlough / Work Release Eligible after 48 hours (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$500 Fine
$415 Surcharge
$250 DUI Fund
$1250 Prison Fund
$1250 Public Safety Equip. Fund
$20 Time Pay Fee
$10 Probation Fee
$13 Assessment*
= $3,718
If commission date on or after 7/20/11
DRIVERS LICENSE:
Revocation for one year
Can get restricted IID License in MVD’s discretion (§28-1382(H) & §28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license.
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• 30+ hours of community service (§28-1381(K)(3)
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466)
• Possible SR22 insurance
1 year Interlock Device. Can be eliminated for med or employment (§28-3319)
* 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 City Courts: Can get Work Release
**Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Client must pay for
Home Detention, and Court has discretion to order it.
** Continuous Alcohol Monitoring Program: Can get in City (if established) or Superior Court (if established).
Will have to pay $30 a month or less for the program
1st Time Super Extreme Misdemeanor DUI §28-1382
DUI above a .20 BAC
INCARCERATION:
RANGE:
2 days – 6 months jail
MINIMUM:
45 days jail, but 31 may be suspended if install Ignition Interlock Device on vehicle for 12 months. (§28-1382(D(1))
& (I))
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$500 Fine
$415 Surcharge
$250 DUI Fund
$1000 Prison Fund
$1000 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
=$3,218
* If commission date on or after 7/20/11
DRIVER’S LICENSE:
Nothing beyond Admin Per Se: 30 day full suspension; then 60 days restricted driving permit (to/from
work/school) in MVD’s discretion (§28-1387(D)&(E))
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• Possible community service
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466)
• Possible SR22 insurance
• 18 month Interlock Device. Can be eliminated for med or employment (§28-3319)
2nd Time Super Extreme Misdemeanor DUI §28-1382
DUI above a .20 BAC
Must be within 84 months of ANY DUI commission date (can be before or after present case)
INCARCERATION:
RANGE:
36 days – 6 months jail (§28-1382(E)(1))
MINIMUM:
180 days jail, at least 90 days of which must be served consecutively, but must serve entire sentence.
Work Furlough / Work Release Eligible after 48 hours. (§28-1387(c))*
May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of
sentence. (§9-499.07 / §11-459)**
FINES & FEES:
$1000 Fine
$830 Surcharge
$250 DUI Fund
$1250 Prison Fund
$1250 State General Fund
$20 Time Pay Fee
$20 Probation Fee
$13 Assessment*
= $4,633
* If commission date on or after 7/20/11
DRIVER’S LICENSE:
Revocation for one year
Can get restricted IID License in MVD’s discretion (§28-1382(H) & §28-1401 & §28-1402)
Defendant must do screening and pay to get license / privilege to drive reinstated after end of suspension.
Defendant should also go into MVD after case ends, even if they previously reinstated their license
OTHER TERMS:
• Possible Probation up to 5 years (§13-902(B)(1) & 28-1387(F))
• Alcohol / Drug Screening & Classes (§28-1381(J))
• 30+ hours of community service (§28-1381(K)(3)
• Pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444)
• Possible monthly probation fees (§31-466)
• Possible SR22 insurance
• 2 years Interlock Device. Can be eliminated for med or employment (§28-3319)
* 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 City Courts: Can get Work Release
**Home Detention: Can get Home Detention in most City Courts, but not Superior Court. Client must pay for
Home Detention, and Court has discretion to order it.
** Continuous Alcohol Monitoring Program: Can get in City (if established) or Superior Court (if established).
Will have to pay $30 a month or less for the program
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