40-5-63; 40-6-391; 40-5-62
BAC Legal Limit
.08% BAC within 3 hrs. of driving or being in actual physical control; commercial motor vehicle driver: .04% BAC; under age 21: .02% BAC within 3 hrs. of driving
License reinstated upon completion of clinical evaluation and DUI Alcohol or Drug Use Risk Reduction Program approved by Department of Human Resources and pays fee of $210 or $200.
Driver’s License Suspension?
1st: 1 yr. (person may apply for reinstatement after 120 days if completed DUI Alcohol or Drug Use Risk Reduction Program and pays restoration fee); 2nd within 5 yrs.: 3 yrs. (can apply for reinstatement as noted under 1st offense); 3rd within 5 yrs.: 5 yrs. and considered habitual violator
1st: $300-1000 and 10 days to 12 mos. and min. 40 hrs. of community service; 2nd within 5 yrs.: $600-1000 and 90 days to 12 mos. and min. 30 days of community service; 3rd or subsequent: $1000-5000 and 120 days to 12 mos. (mandatory 10 days) and min. 30 days community service. For third or subsequent conviction, judge may suspend up to half of fine if defendant attends an alcohol or drug treatment program