DUI and Traffic

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Violation of Implied Consent (55-10-406)

Excerpt: Any person who drives a motor vehicle in this state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood.

Penalties include:

  • Revocation of Drivers License for 1 year – 1st offense
  • Revocation of Drivers License for 2 years – 2nd offense
  • Revocation of Drivers License for 2 years if crash resulted in bodily injury 
  • Revocation of Drivers License for 5 years if crash resulted in a death

DUI - 1st Offense (55-10-401,55-10-403)

Excerpt: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

Penalties include:

  • 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
  • .20 BAC or greater minimum jail time 7 consecutive days
  • License revocation for 1 year – Restricted License available
  • You will be ordered to participate in an alcohol and drug treatment program
  • Pay restitution to any person suffering physical injury or personal loss
  • $350-$1,500 fine
  • With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
  • Ignition Interlock Device installed at your expense. Minimum first year costs could exceed $1,000.00
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Drug and Alcohol Treatment may be required at the judge’s discretion

DUI - 2nd Offense (55-10-401,55-10-403)

Excerpt: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

Penalties include:

  • 45 days to 11 months, 29 days in jail
  • $600-$3,500 mandatory fine
  • License revocation for 2 years/Restricted License available
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend an alcohol and drug treatment program
  • Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Pay restitution to any person suffering personal injury or loss

DUI - 3rd Offense (55-10-401,55-10-403)

Excerpt: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

Penalties include:

  • 120 days to 11 months, 29 days in jail
  • $1,100 to $10,000 mandatory fines
  • License revocation for 6 years/Restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

DUI - 4th or Subsequent Offense (55-10-401,55-10-403)

Excerpt: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

Penalties include:

  • Class E Felony
  • 1 Year (365) days of jail time with a minimum of 150 consecutive days served
  • $3,000 to $15,000 mandatory fine
  • License revocation for 8 years/Restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • 6th plus Offenses – Class C Felony, mandatory 150 days in jail with 3 to 15 years possible.

Vehicular Assault (39-13-106,40-35-112)

Excerpt: A person commits vehicular assault who, as the proximate result of the person’s intoxication (as set forth below), recklessly causes serious bodily injury to another person by the operation of a motor vehicle.

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

Penalties include:

  • Class D Felony
  • Jail time 2 to 12 years according to range
  • License revocation from 1 to 5 years according to number of prior offenses
  • Plus fines and court costs
  • No restricted driver license is available

Child Endangerment (55-10-401,55-10-403,40-35-112)

Excerpt: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

If, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation, the person commits a Class B felony and shall be punished for vehicular homicide involving intoxication.

If, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation, the person commits a Class D felony and shall be punished for vehicular assault.

Penalties include:

  • Class B Felony if child death involved
  • 8 to 30 years jail time
  • Class D felony if child suffers serious injury
  • 2 to 12 years jail time
  • License revocation

Vehicular Homicide (39-13-213,55-10-401,40-35-112)

Excerpt: Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:

  1. Conduct creating a substantial risk of death or serious bodily injury to a person;
  2. The driver’s intoxication;
  3. As the proximate result of conduct constituting the offense of drag racing 

Penalties include:

  • Class B/C Felony
  • Fatal crash caused by DUI with .08 BAC or more
  • License revocation for 3-10 years/NO restricted license available
  • No restricted driver license is available

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Proverbs 31 : 8 - 9

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