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| FIRST offense within 10 years | | Two options both requiring a fine of $390 to $1,000 plus penalty assessments, attendance at a 3-month alcohol /drug (or a 6-month program if BAC.20% or more, or if you refused a chemical test (other than PAS) plus either: (A) 48 hours to 6 months in jail, and a 6-month license suspension,
or
(B) a 90-day driver's license restriction once you get your license back from the DMV, allowing driving to and from work, within the scope of work, and to and from the program. Under either option license shall be suspended for 6 months if the offense occurred in a vehicle requiring a class A or B license.
| | | 96 hours to 6 months in jail, $390 to $1,000 plus penalty assessments, and a 6-month driver's license suspension. |
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| SECOND offense within 10 years | | Two options, both carrying a fine of $390 to $1,000 plus penalty assessments, plus either:
(A) 10 days to 1 year in jail and a 2 year driver license suspension;
or
(B) 96 hours to 1 year in jail, an 18-month (or 30 month) alcohol/drug program, and a driver's license restriction allowing driving only for work and program attendance for the duration of the program once you get your license back from the DMV. Your license shall instead be suspended for 2 years if the offense occurred in a vehicle requiring a class A or B license.
| | | 90 days to 1 year in jail, $390 to $1000 fine plus penalty assessments and 2-year license suspension.
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| THIRD offense within 10 years | | 120 days to 1 year in jail, $390 to $1000 fine plus penalty assessments, a 3-year driver's license revocation, and an 18-month alcohol/drug program if you have not completed one before.
| | | 120 days to 1 year in jail, $390 to $1000 fine plus penalty assessments, and a 3-year driver's license revocation.
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| FOURTH or subsequent offense within 10 years | | 180 days to 1 year in jail, $390 to $1000 fine plus penalty assessments, a 4-year driver's license revocation, and an 18-month alcohol/drug program if you have not completed one before. | | | 16 months, or 2 or 3 years in state prison (or 180 days to 1 year in county jail); $390 to $1000 fine plus penalty assessments, and a 4-year driver's license revocation. Note: The DA can file felony charges.
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