In addition to the automatic 30 day suspension, a refusal to take a breathalyser or other chemical analysis will result in a revocation of your driver's license for at least one year.

1. Sentencing Levels - There are five sentencing levels. They increase in severity of punishment as the number gets lower.
   Level Five:

   The state does not have to prove any grossly aggravating factors and must prove that the mitigating factors do not outweigh any aggravating factors.

   NOTE: For an explanation of aggravating and mitigating factors read down to number 2 below the sentencing levels.

   Punishment:

   The maximum punishment is 60 days' imprisonment, a $100 fine or both.

   Active prison time may be suspended.

   At least one of the following probation conditions must be imposed:

   1. 24 hours in jail;
   2. 24 hours of community service;
   3. 30 days of not driving;
   4. An combination of the above.

   Level Four:

   Requires:

   The state does not have to prove any grossly aggravating factors, but it must show that there are either no aggravating or mitigating factors or that the aggravating factors substantially balance the mitigating factors.

   Punishment:

   The maximum punishment is 120 days' imprisonment, a $250 fine or both.

   Active prison time may be suspended.

   At least one of the following probation conditions must be imposed:

    
   1. 48 hours in jail;
   2. 48 hours of community service;
   3. 60 days of not driving;
   4. An combination of the above.

   Level Three:

   The state does not have to prove any grossly aggravating factors but it must show that the aggravating factors outweigh the mitigating factors.

   Punishment:

   The maximum punishment is six month's imprisonment, a $500 fine or both.

   Active prison time may be suspended.

   At least one of the following probation conditions must be imposed:

   1. At least 72 hours in jail;
   2. At least 72 hours of community service;
   3. At least 90 days of not driving;
   4. An combination of the above.

   Level Two:

   The state must show at least one grossly aggravating factor.

   Punishment:

   Maximum punishment is one year's imprisonment, a $1,000 fine or both.

   Minimum punishment is imprisonment for 7 days.

   Any other reasonable condition of probation as determined by the court.

   Level One:

   The state must show at least two grossly aggravating factors.

   Punishment:

   The maximum punishment is two year's imprisonment, a $2,000 fine or both.

   The minimum punishment is imprisonment for 30 days.

   Any other reasonable condition of probation as determined by the court.

2. Aggravating and Mitigating Factors:

   A. Grossly Aggravating Factors:

   1. A single conviction for an offense involving impaired driving if the conviction occurred within 7 years before the date of the offense for which the defendant is being sentenced.

   2. At the time of the offense, the defendant's driver's license was revoked for previous impaired driving conduct.

   3. Serious injury to another person caused by the defendant's impaired driving at the time of the offense.

   B. Aggravating Factors:

   1. Gross impairment of the defendant's faculties while driving, or an alcohol concentration of 0.20 or more at any relevant time after the driving.

   2. Especially reckless or dangerous driving.

   3. Negligent driving that led to an accident causing property damage in excess of $500 or personal injury.

   4. Driving with a revoked driver's license at the time of the offense.

   5. A driving record consisting of :
      1. 2 or more motor vehicle offenses not involving impaired driving that require the assessment of 3 driver's license points;

      2. 2 or more convictions not involving impaired driving that, standing alone, would require or authorize the D.M.V. to revoke the Defendant's license;

      3. One conviction as described in Section A and one conviction as described in Section B; or

      4. One or more prior convictions of an offense involving impaired driving that are too old to use as a grossly aggravating factor.

   6. Conviction of speeding to elude arrest if the speeding occurred at the same time as the impaired driving offense.

   7. Conviction of speeding at least 30 m.p.h. over the speed limit if the speeding occurred at the same time as the impaired driving offense.

   8. Passing a stopped school bus if the conduct occurred at the same time as the impaired driving offense.

   9. Any other factor that aggravates the seriousness of the offense.

   C. Mitigating Factors:

   1. Slight impairment of the Defendant's faculties resulting solely from alcohol and an alcohol concentration that does not exceed 0.11.

   2. Slight impairment of the Defendant's faculties resulting solely from alcohol when no chemical analysis was available to the Defendant.

   3. Driving that was safe and lawful except for the impairment of the Defendant's faculties.

   4. A safe driving record, defined as:
      1. No conviction for any offense requiring the assessment of four or more driver's license points; or

      2. No conviction that standing alone would require or authorize the D.M.V. to revoke the Defendant's license.

   5. Impairment caused by a lawfully prescribed drug taken for an existing medical condition in the prescribed dosage.

   6. Voluntary submission to a substance abuse assessment and treatment program.

   7. Any other factor that mitigates the seriousness of the offense.

3. Limited Driving Privilege

   To be eligible for a limited driving privilege, in a case without a willfull refusal to take a chemical analysis, you must show that you meet all of the following criteria and that you have:

   1. Held a valid driver's license at the time of the offense or have held a license that has been expired for less than one year.

   2. Be a first time offender or have no convictions for impaired driving within the last 7 years.

   3. Been sentenced to punishment level 3, 4 or 5.

   4. Have not been convicted of, nor have another charge pending for, an offense involving impaired driving after the date of the current offense.

   5. Have liability insurance or other forms of suitable financial responsibility valid and in effect at the time of the issuance of the limited driving privilege.

D. Forfeiture

If you are stopped and charged with driving while impaired or habitual impaired driving and your driver's license is currently revoked for impaired driving, the law requires law enforcement to seize the vehicle you are driving at the time of the offense.  If you own the car and you are convicted of driving while impaired or habitual impaired driving, the automobile becomes the property of the state.

This forfeiture law does contain provisions for the owner/non-driver and lienholder to get the vehicle released to them, pending the payment of a bond, any accumulated storage fees and by agreeing in writing not to let the defendant drive the vehicle.

«Home» «Main Menu» «Violations» «Where to get help»
«Statutes» «Insurance» «Email Us»

Traffic-Ticket.Com • 919-544-0000 • ticketguy@traffic-ticket.com

This is a JavaScript enhanced Website.

Copyright ©1998 Traffic-Ticket.com, Inc. All Rights Reserved.

Site maintained by The Training Registry.