Your Potential Penalties for a Second Offense
A person convicted of a second offense within eighty-four (84) months of the first is guilty of a Class 1 misdemeanor.
The dates of commission of the offenses are the dispositive dates in determining the 84-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 90 days in jail.
The court may suspend all but 30 days of the sentence if the person completes a court-ordered alcohol screening, counseling, education and treatment program.
Remember each case differs. Discuss your potential penalties for a second offense during your legal consultation.