Penalties for Aggravated DUI
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 resentence the person to an additional term ranging from four months to one year. Should the person's probation be revoked he/she will not receive any credit for the time served when re-sentencing occurs. The court may also impose a fine up to one hundred fifty thousand dollars. 

A person convicted of either driving under the influence or driving with a blood alcohol content of .10 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. However, if this person does not complete any court ordered alcohol screening, counseling, education, or treatment the court may resentence him/her to an additional term ranging from eight to twelve years. If a person is convicted of an aggravated drinking and driving offense, the court, in addition to all of the aforementioned sanctions, may order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided under Title 13, Chapter 39.