| A. |
An aggravated sentence includes a minimum of four months in prison, probation, suspension of sentence or release on any other basis is not available until the person serves at least four months. The sentence will also include up to ten years supervised probation and alcohol screening, counseling, education and treatment. If the person fails to complete the screening, counseling, education or treatment the court may re-sentence the person to an additional term ranging from four months to one year. The court may also impose a fine up to one hundred fifty thousand dollars. In addition to all of the aforementioned sanctions, the court may order the motor vehicle owned and operated by the person at the time of the offense forfeited.
A person convicted of either driving under the influence or driving with a blood alcohol content of .08 or more who has three or more prior convictions within the last sixty months is guilty of a class four felony. The sentence will be similar to the one stated above in that the person must serve a minimum of four months in prison. |
