For a first offense, most people will face:

  1. a misdemeanor conviction,
  2. a 30 to 60-day suspended jail sentence,
  3. limited driving privileges for a year,
  4. 24 to 48 hours of community service, and
  5. somewhere between $300 and $800 in court costs and fines.

If there are any aggravating factors, like children in the car, the sentencing will become harsher, but for a first offense with no aggravating factors, this is the most likely scenario.

  • If a second offense occurs within a year, most people will be sentenced to an aggravated level one, or A-1 (which is a mandatory one-year prison time)
  • If a second offense occurs after one year of the first conviction, they could face vehicle forfeiture and no driving privileges.
  • If a second offense is after three years of the first conviction, then there may be up to a four-year license suspension.
  • A second conviction after seven years drops down to a level 2, and their license will likely only be suspended for one year.

So, while a conviction stays on a criminal record forever, the penalties for a second conviction lessen over time.