Sentence and Appeal

Tuesday, February 10th, 2009

by Theodore Sliwinski, Esq.

FIRST OFFENSE (Driving While Impaired)

.08% but less than .10% (per se) or under the influence of alcohol.

Fine: $250 to $400
IDRC: 12 to 48 hours
Jail: Up to 30 days
Loss of driver’s license 3 months

FIRST OFFENSE (DWI)

.10% or higher (per se) or under the influence of alcohol.

Fine: $300 to $500
IDRC: 12 to 48 hours
Jail: Up to 30 days
Loss of driver’s license: 7 months to 1 year
Interlock device: Optional – 7 months to 1 year commencing immediately after the suspension period. If the BAC limit is 0.15% then there is a mandatory imposition of the ignition interlock device for 6 months to 1 year.

SECOND OFFENSE (DWI)

.08% or higher (per se) or under the influence of alcohol.

Fine: $500 to $1000
IDRC: 48 hours (in lieu of 2 day jail requirement)
Jail: 2 to 90 days
Loss of driver’s license: 2 years
Community Service: 30 days
Interlock device: 1-3 years after the suspension period or 2 years

THIRD OFFENSE (DWI)

.08% or higher (per se) or under the influence of alcohol.

Fine: $1000
Jail: 180 days(Up to 90 days can be served through inpatient program approved by the IDRC)
Note: Jail cannot be served through IDRC, Community Service, or Work Release (SLAP)
Loss of driver’s license: 10 years
Interlock device: 1-3 years after the suspension period or 10 years.

UNDERAGE (21) DWI PENALTIES

Operating with a BAC of .01% or more but less than .08%.

Fine: $250 to $400
Loss of driver’s license: 30 to 90 days
Community Service: 15 to 30 days
IDRC: 12 to 48 hours

MANDATORY ASSESSMENTS

In all DWI cases the Municipal Court judge must also impose the below referenced mandatory assessments and/or additional fines.

Violent Crimes Assessment (VCCB) $50
Safe Neighborhood Funds (SNF) $75
DUI Enforcement Fund $100
DUI Surcharge $100