Everyone wonders what kind of jail/prison time and fines they are facing with criminal charges. Below is a matrix that we hold helps give you an idea of what the potential penalties are for felony and misdemeanor crimes.
| Degree | Maximum Incarceration Period | Maximum Fine |
| Capital (i.e. Murder, etc.) | Death penalty Life in prison |
|
| First Degree Felony | 5 years to life in prison | $10,000 plus surcharges |
| Second Degree Felony | 1-15 years in prison | $10,000 plus surcharges |
| Third Degree Felony | 0-5 years in prison | $5,000 plus surcharges |
| Class A Misdemeanor | 0-1 year in jail | $2,500 plus surcharges |
| Class B Misdemeanor | 0-6 months in jail | $1,000 plus surcharges |
| Class C Misdemeanor | 0-90 days in jail | $750 plus surcharges |
Below we include a table which provides information regarding DUI penalties. The information is current as of April 2010.
| First Offense | Second Offense | Felony DUI | |
| CLASSIFICATION (§41-6a-503) | CLASS B MISDEMEANORCLASS A MISDEMEANOR:
-if bodily injury -if passenger is under 16 -if passenger is under 18 and driver is 21 or older |
CLASS B MISDEMEANORCLASS A MISDEMEANOR:
-if bodily injury -if passenger under 16 -if passenger is under 18 and driver is 21 or older |
THIRD DEGREE FELONY-
if third or subsequent offense within 10 years -if serious bodily injury -if any prior felony DUI conviction or automobile homicide conviction |
| Jail: (§41-6a-505) | SHALL order:
48 consecutive hours OR 48 hours compensatory service OR electronic home confinement |
SHALL order:
240 consecutive hours OR 240 hours compensatory service OR electronic home confinement |
SHALL order:
0-5 year prison term OR 1,500 hours jail (62.5 days) MAY order: Electronic home confinement |
| Fine:
(§41-6a-505) |
SHALL order:
$700 minimum plus surcharge |
SHALL order:
$800 minimum plus surcharge |
SHALL order:
$1,500 minimum plus surcharge, unless 0-5 prison term is imposed |
| Screening, Assessment, Educational Series, Treatment (§41-6a-505) | SHALL order:
-Screening -Assessment (if found appropriate by creening) -Educational series, unless treatment is ordered MAY order: -Treatment |
SHALL order:
-Screening -Assessment (if found appropriate by creening) -Educational series, unless treatment is ordered MAY order: -Treatment |
SHALL order:
-Screening -Assessment -Intensive treatment or inpatient treatment and aftercare for not less than 240 hours, unless 0-5 prison term is imposed |
| robation:3(§41-6a-507) | MAY order supervised probation | SHALL order supervised probation | SHALL order supervised probation if 0-5 prison term is not imposed |
| Ignition Interlock4(§41-6a-518)
(§41-6a-530) |
MAY order:
-Ignition interlock SHALL order:
-Interlock if under 21 -Interlock for an ARD violation OR describe on the record why such order not appropriate
|
MAY order:
-Ignition interlock SHALL order:
-Interlock if under 21 -Interlock for an ARD violation OR describe on the record why such order not appropriate |
MAY order:
-Ignition interlock SHALL order:
-Interlock if under 21 -Interlock for an ARD violation OR describe on the record why such order not appropriate |
| High BAC: (.16 or higher)
(§41-6a-505) |
SHALL order:
-Supervised probation -Treatment and Interlock and/or electronic home confinement OR describe on the record why such order(s) not appropriate
|
SHALL order:
-Supervised probation3 -Treatment and Interlock and/or electronic home confinement OR describe on the record why such order(s) not appropriate
|
SHALL order:
-Supervised probation if 0-5 prison term is not imposed -Treatment and interlock and/or electronic home confinement2 OR describe on the record why such order(s) not appropriate |
| Driver License Suspension (§41-6a-509) | Court MAY order additional 90 days, 180 days, 1 year or 2 yearsIf 21 or older:
Suspend for 120 days If under 21: Suspend until 21 or for 120 days, whichever is longer OR If not issued a license, deny application for license or learner’s permit until 21 or for 120 days, whichever is longer |
Court MAY order additional 90 days, 180 days, 1 year or 2 yearsIf 21 or older:
Revoke for 2 years If under 21: Revoke until 21 or for 2 years, whichever is longer OR If not issued a license, deny application for license or learner’s permit until 21 or for 2 years, whichever is longer |
Court MAY order additional 90 days, 180 days, 1 year or 2 years
If 21 or older:
Revoke for 2 years If under 21: Revoke until 21 or for 2 years, whichever is longer |
| Driver License Suspension (§41-6a-521) | REFUSAL OF CHEMICAL TEST
1st Offense If 21 or older: Revoke for 18 months If under 21: Revoke until 21 or for 18 months, whichever is longer 2nd and Subsequent Offenses If 21 or older: Revoke for 36 months If under 21: Revoke until 21 or for 36 months, whichever is longer |
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| Driver License Suspension (§41-6a-517) | DRIVING WITH CONTROLLED SUBSTANCE IN BODY
1st Offense If 21 or older: Suspend for 120 days If under 21: Suspend until 21 or for 120 days 2nd and Subsequent Offenses If 21 or older: Revoke for 2 years If under 21: Revoke until 21 or for 2 years |
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| Interlock Restricted Driver
(§41-6a-518.2) An “interlock restricted driver” may not operate a motor vehicle without an ignition interlock system as ordered by a court or the Board of Pardons and Parole, or due to a statutory provision. |
Ignition interlock required for 18 months | Ignition interlock required for 3 years | Ignition interlock required for 6 years |
| -Ignition interlock required for 3 years for operating a vehicle without an ignition interlock system if an interlock restricted driver-Ignition interlock required for 3 years for refusal to submit to a chemical test-Ignition interlock required for 3 years if under the age of 21at time of DUI
-Ignition interlock required for 10 years if convicted of automobile homicide |
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| Alcohol Restricted Driver
(§41-6a-529) An “alcohol restricted driver” may not operate or be in actual physical control of a vehicle with any measurable or detectable amount of alcohol in the person’s body. |
Alcohol restricted driver for 2 yearsIf bodily injury, passenger under 16, or passenger under 18 if driver 21 or older, alcohol restricted driver for 5 years | Alcohol restricted driver for 10 years | Alcohol restricted driver for life |
| Convictions for the following violations will also result in a person being an alcohol restricted driver for the time periods indicated:
-2 years for impaired driving (§41-6a-502.5) -3 years for driving with measurable/detectable alcohol in body if an alcohol restricted driver OR for driving without an ignition interlock system if an interlock restricted driver (§41-6a-518.2) -5 years for refusal of a chemical test (§41-6a-520) -10 years for impaired driving OR refusal of a chemical test within 10 years of a prior offense -Until 21 for a person who is under 21 years of age at the time of the violation |
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