Driving Under the Influence or While Intoxicated (DUI/DWI):  A person commits DUI/DWI when he or she operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood is subject to the following penalties for a first offense:

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Blood Alcohol Content Level of 0.08% - 0.10%:  If the person's blood alcohol concentration is between 0.08% - 0.10% he or she is subject to the penalties described below:​

• Fines:  A fine between $250 to $400.​

• Jail Time:  The court, in its discretion, can impose a term of imprisonment of up to 30 days.​

• Suspension of Driver’s License:  Loss of driver’s license for 3 months.​

• Intoxicated Driver’s Resource Center:  A period of detainment of not less than 12 hours nor more than 48 hours spent during 2 consecutive days of not less than 6 hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Center.  If these requirements are not met, then a mandatory 2-day term of imprisonment will be imposed AND suspension of driver’s license until requirements are met.​

• Ignition Interlock Device:  Installation of an Ignition Interlock Device for a period of 6 months to 1 year. (An Ignition Interlock Device is a device that disables the automobile’s ignition until the driver blows into the device and provides a clean breath test sample.)

 

Blood Alcohol Content Level of 0.10% - 0.15% OR Under Influence of Drugs:  If the person's blood alcohol concentration is between 0.10% and 0.15%, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug then the person is subject to the penalties described below.

• Fines:  A fine between $300 to $500.

• Jail Time:  The court, in its discretion, may impose up to 30 days of jail time.

• Driver’s License Suspension:  The person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than 7 months nor more than 1 year.

• Intoxicated Driver’s Resource Center:  A period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than 6 hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers.  If these requirements are not met, then a mandatory 2-day term of imprisonment will be imposed AND suspension of driver’s license until requirements are met.

• Ignition Interlock Device:  An Ignition Interlock Device may be required to be  be installed for a period of 6 to 12 months.  The individual’s driver’s license will be suspended until such time as the interlock device is installed.  This is a device that disables the automobile’s ignition until the driver blows into the device and provides a clean breath test sample.

  

Blood Alcohol Content 0.15% or Higher:  If the person's blood alcohol concentration is 0.15% or higher, then he or she is subject to the penalties described below.

• Fines:  A fine between $300 to $500.

• Jail Time:  A term of imprisonment of up to 30 days (at the discretion of the court).

• Driver’s License Suspension:  Driver’s license suspension between 4 to 6 months.

• Intoxicated Driver’s Resource Center:  A period of detainment between 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day at the Intoxicated Driver’s Resource Center.​

• Ignition Interlock Device:  The individual must install an Ignition Interlock Device for a period of 9 to 15 months after the driver’s license suspension ends.