A person convicted of a second offense within sixty months of the first, is guilty of a class one misdemeanor. The dates of commission of the offenses are the dispositive dates in determining the sixty month period.
A second time offender is subject to the same sanctions as a first time offender regarding an alcohol screening, counseling, education, treatment and payment. The statute requires the court to sentence a second time offender to serve not less than ninety days in jail. The court may suspend all but thirty days of the sentence if the person completes a court ordered alcohol screening, counseling, education and treatment program.
If the person fails to follow through with counseling, education or treatment the court will issue an order compelling the defendant to show cause why the remaining sixty days should not be served.
Thirty days must be served consecutively unless the sentence includes a provision for work release, which is discussed in a section below, then the requirement is reduced to forty-eight consecutive hours.
The statute requires a fine of not less than $800. The court may add on some additional processing fees and/or incarceration fees if deemed appropriate. The court may also order community service, the Victim Impact Panel and supervised probation. |
