Maximum Penalties

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

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

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

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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