1st DUI, DUI Per Se, at .20 BAC or above

10 days – 1 year, the court cannot suspend the 10 days.  48-96 hours Useful Public Service; and up to 2 years probation.

$600-$1000

Sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention, permitted for entire sentence.

1st DWAI

2 – 180 days, the court can suspend all jail with alcohol evaluation, Level I or II, and monitored abstinence for one year; 24-48 hours Useful Public Service; and up to 2 years probation.

$200-$500

Sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention, permitted for entire sentence.

1st DWAI at .20 BAC or above

10 days – 1 year, the court cannot suspend the 10 days.  24-48 hours Useful Public Service; and up to 2 years probation.

$200-$500

Sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention, permitted for entire sentence.

DUI, DUI Per Se, Habitual User DWAI AND within 5 years has one prior conviction for:
DUI, DUI Per Se, DWAI, Habitual User, Vehicular Homicide (based on under the influence), Vehicular Assault (based on under the influence), Felony HTO (based on DUI or DWAI), or DUR-Alcohol Related.

10 days – 1 year, the court cannot suspend the 10 days.  For the 10 days: must be served consecutive, no earned time, no good time, no trusty prisoner status; 48-120 hours Useful Public Service; 2 to 4 years probation, 2 years is mandatory to commence at the start of sentence – condition of 1 year suspended jail required (if imposed no credit to be given for any period of imprisonment previously served), condition of Level II treatment program required.

$600-$1000

No sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention, permitted for the minimum mandatory jail except for general work release IF the county has such a program and at the time of sentencing defendant was employed, enrolled in school, or enrolled in Level II treatment.  Day for day credit pursuant to 18-1.3-106(12) is not permitted for any sentence to a county jail alternative program. 

DUI, DUI Per Se, Habitual User DWAI AND has within his/her lifetime, one prior conviction for: DUI, DUI Per Se, DWAI, Habitual User, Vehicular Homicide (based on under the influence), Vehicular Assault (based on under the influence), Felony HTO (based on DUI or DWAI), or DUR-Alcohol Related.

10 days – 1 year, the court cannot suspend the 10 days.  For the 10 days: must be served consecutive, no earned time, no good time, no trusty prison status; 48-120 hours Useful Public Service; 2 to 4 years probation, 2 years is mandatory to commence at the start of the sentence – condition of 1 year suspended jail required (if imposed no credit to be given for any period of imprisonment previously served), Level II treatment program required.

$600-$1000

Sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention, permitted for entire sentence.  Day for day credit pursuant to 18-1.3-106(12) is not permitted for any sentence to a county jail alternative program. 

DUI, DUI Per Se, Habitual User DWAI AND has within his/her lifetime, two or more prior convictions for:
DUI, DUI Per Se, DWAI, Habitual User, Vehicular Homicide (based on under the influence), Vehicular Assault (based on under the influence), Felony HTO (based on DUI or DWAI), or DUR-Alcohol Related. 

60 days – 1 year, the court cannot suspend the 60 days.  For the 60 days: must be served consecutive, no earned time, no good time, no trusty prisoner status, no sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention; 48-120 hours Useful Public Service; 2 to 4 years probation, 2 years is mandatory to commence at the start of the sentence – condition of 1 year suspended jail (if imposed no credit to be given for any period of imprisonment previously served), condition of Level II treatment program required, up to 4 years of probation permitted. 

$600-$1000

No sentencing alternatives pursuant to 18-1.3-106, such as general work release and in home detention, permitted for the minimum mandatory jail except for general work release IF the county has such a program and at the time of sentencing defendant was employed, enrolled in school, or enrolled in Level II treatment.  Day for day credit pursuant to 18-1.3-106(12) is not permitted for any sentence to a county jail alternative program.