People v. Damkroger 

Defendant was arrested for DUI, and as a result of her BAC was notified by Secretary of State that her license would be suspended effective 8/6/09. Less than 30 days after her first arrest, Defendant was arrested again for DUI, and was informed that due to her BAC her license would be suspended effective 9/1/09. Court issued order directing Secretary of State to issue Defendant a Monitoring Device Driving Permit (MDDP), and finding that Defendant was a first offender. Court later found Secretary in indirect civil contempt upon refusal to ssue MDDP to Defendant. Defendant was no longer a "first offender" upon Secretary of State confirming her suspension in first arrest, which disqualified her from receiving a MDDP in her second DUI case, and thus court was barred from ordering issuance of MDDP. (JORGENSEN and BOWMAN, concurring.)