ID S1289

First-time offenders with alcohol concentration of 0.2015 or higher must serve a mandatory minimum of 10 days in jail (with first 48 hours consecutive), may be fined up to $2,000, and face a mandatory 1-year driving suspension with absolutely no driving privileges allowed.

Second and subsequent offenders with alcohol concentration of 0.2015 or higher within 5 years are charged with a felony, must serve a mandatory minimum of 30 days in county jail (or up to 5 years in state custody), may be fined up to $5,000, and face mandatory 1-year driving suspension plus required ignition interlock system installation.

Drug court participants in good standing may be eligible for restricted noncommercial driving privileges (work, school, treatment) after serving at least 45 days of absolute suspension, with ignition interlock installation required on all vehicles they operate.

Convictions under this section are admissible as evidence in civil actions for damages, regardless of whether judgment was withheld.

Effective date is July 1, 2010, applying only to offenses committed on or after that date.