Second Offender Conviction: Punishment

A person convicted of a second violation of driving while impaired, and the offense occurred within five

(5)years of a prior conviction, is guilty of a misdemeanor, and shall be sentenced as follows:

(a)A term of incarceration of not less than a mandatory seven

(7)days, nor more than one

(1)year.

(b)A mandatory minimum fine of not less than Two Thousand Dollars ($2,000), and not more than Five Thousand Dollars ($5,000). COL6/5/2019 CH. 92 SAFE STREETS ACT OF 2018

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

(3)years.

(d)Suspension of a person’s driving permit for one

(1)year, with no occupational driving privileges, which time period may be reduced at the discretion of the Court, provided on motion by the defendant that he has:

(1)completed court-approved treatment;

(2)paid all fines and fees;

(3)has not been charged with a subsequent criminal offense; and

(4)the probation officer recommends reduction based on satisfactory performance. The court may further reduce the period of suspension by no more than fifty percent (50%), provided the defendant agrees to have installed either a breath alcohol ignition interlock device (BAIID) as ordered by the court, or an electronic alcohol monitoring device approved by the court.

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