First offense and a BAC under .15 Between 1 and 364 days in prison Between $350 and $5,000 in fines, unless the defendant is indigent in which case the fine can be suspended Alternatives. The judge can substitute 15 days of home electronic monitoring or a 90-day 24/7 sobriety monitoring program – in lieu of the mandatory minimum. The costs and any additional requirements are set by the judge. Second offense (within the prior 7 years) and a BAC under. 15 Between 30 and 364 days in prison 60 days of electronic home monitoring Between $500 to $5,000 in fines Alternatives. 4 days in jail and either 120 days of electronic home monitoring or 180 days of 24/7 sobriety monitoring A BAC of .15 or more OR the driver refused to submit to a breath test Between 2 and 364 days in prison Between $350 and $5,000 fines, unless the defendant is indigent in which case the fine can be suspended Alternatives. 30 days of electronic home monitoring or 120 days of 24/7 sobriety monitoring Second offense (within the prior 7 years) and a BAC over .15 Between 45 and 364 days in prison 90 days of electronic home monitoring Between $750 and $5,000 fines, unless the defendant is indigent in which case the fine can be suspended Alternatives. 6 days in jail and either 6 months of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring