First Offender Conviction: Punishment

A person convicted of a first violation of driving while impaired is guilty of a misdemeanor and shall be sentenced as follows:

(a)A term of incarceration of not less than a mandatory forty-eight

(48)hours, nor more than one

(1)year.

(b)A mandatory minimum fine of not less than One Thousand Dollars ($1,000), and not more than Five Thousand Dollars ($5,000).

(c)The court shall order the person to be placed on probation for not more than one

(1)year.

(d)

(1)Suspension of a person’s driving privilege for six

(6)months, which may include an occupational driving permit.

(2)The court may modify this suspension prior to the end of the six

(6)months’ suspension; provided, that the person can show proof that he or she has successfully completed a drug or alcohol treatment program acceptable to the court.

(e)The court shall notify the Department of Revenue and Taxation of each conviction of this Section.