DL Suspension Periods for Refusals and 0.15% or higher BACs.
If w/in 10 years preceding current violation:
Subject has been convicted of DUI (56-5-2930), DUAC (56-5-2933), Felony DUI (56-5-2945), or any other law of this or another State that prohibits a person from driving under the influence.
or
Subject has a previous suspension imposed pursuant to 56-5-2950 or 56-5-2951 (BAC of 0.15% or greater and Refusals)
Suspension Period Imposed for:
Refusals 6 months 9 months 12 months 15 months
BAC of 0.15% or higher.
No priors
1 month 2 months 3 months 4 months
Second Offense Third Offense Fourth + Offense
§56-5-2951(I)
Changes in § 56-5-2930 (DUI), § 56-5-2933 (DUAC) and § 56-5-2942 (Vehicle Immobilization) make it clear that a DUAC convicted will be considered to be a prior offense for DUI and that a DUI conviction will be considered to be a prior offense for DUAC.
The cases we focus on are first offense misdemeanors. After reviewing the sanctions data, most of the fines we saw fell somewhere between $400 and $1300. We saw an increase in requests for installment payments during the years of 2020-2022. This is most likely due to COVID-19 and the financial repercussions of the pandemic. Requests for installment payments give a defendant the opportunity to pay off their fine rather than having to pay all of the money the day of court. Many offenders, although not all, are also ordered to the Alcohol and Drug Safety Action Program (ADSAP), a requirement for license reinstatement. Jail time was ordered in only a very small number of cases. Sometimes offenders are ordered to attend a MADD Victim Impact Panel and hear firsthand accounts of those impacted by drunk or drugged driving, though only starting in 2020 was there an online version available that allows anyone in the state to be sentenced and complete easily. In-person panels continue in a few areas. An important sanction for MADD are Ignition Interlock Devices (IIDs). MADD is a strong champion of strong IID programs for states. We were active in the push for Emma’s Law in 2014 that expanded IIDs from repeat offenses only to also first offense DUI cases, but only if the BAC is .15 or higher. From 2019 through 2022, we pushed hard for expanding Emma’s Law to include all DUI offenders, as 34 other states have done. Despite passage twice by the Senate, the House has failed to enact this reform definitively proven to save lives based on these other states’ experiences. Our Court Monitoring Specialists report never hearing a judge/magistrate ordering an IID in any case they attended. We also found few indications of an IID order in the online records. What we did sometimes hear in court were discussions about lowering
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