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Code Section
189A.010, et seq.

BAC Legal Limit
.08% BAC (.05-.08% not considered a presumption of intoxication but considered with other evidence of intoxication); under age 21: .02% BAC within 2 hrs. of driving

Rehabilitation Required?
1st offense: 90 day alcohol or substance abuse education or treatment program with assessment, defendant pay cost; 2nd within 5 yrs.: 1 yr.; 3rd or subsequent: 1 yr. (possible inpatient). Note that failure to complete program may constitute contempt

Driver’s License Suspension?
1st: 30-120 days; 2nd within 5 yrs.: 12-18 mos.; 3rd within 5 yrs.: 24-36 mos.; 4th within 5 yrs.: 60 mos.; (if person is under 18 yrs. of age: license revoked until he reaches 18 or the above relevant penalty, whichever is the longer revocation)

Other Penalties
1st: $200-500 or 48 hrs. to 30 days jail and/or 2-30 days community labor; 2nd within 5 yrs.: $350-500 and 7 days to 6 mos. jail and may get 10 days to 6 mos. community labor in addition to jail term; 3rd within 5 yrs.: $500-1000 and 30 days to 12 mos. jail and may get 10 days to 1 yr. community labor in addition to jail term; 4th and subsequent within 5 yrs.: Class D felony. Note: all prior convictions include other states

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