DUI Penalties

People charged with Driving Under The Influence face serious, and possible life changing, consequences if convicted.  Below is a list of penalties that will be imposed upon a person convicted of their 1st, 2nd, or 3rd DUI.  However, there are many variables and factors in each individual case that could enhance these basic penalties:

First Offense:

• Up to 6 months in jail (not less than 96 hours, 48 of which must be continuous)
• A fine of not less than $390 nor more than $1,000 (does not include court costs)
• 3 to 5 years probation
• Driver’s license suspension for up to 6 months (a restricted license may be available)
• Successfully complete a 3 month licensed alcohol/drug program (9 months if BAC is .20 or higher, or if there is a refusal to take a chemical test)
• Other consequences might include community service, Alcoholics Anonymous meetings, ignition interlock devices, etc.

Second Offense within 10 years of prior offense:  

• 90 days to 1 year in jail
• A fine of not less than $390 nor more than $1,000 (does not include court costs)
• 3 to 5 years probation
• Driver’s license suspension for up to 2 years
• Successfully complete an 18 month or 30 month licensed alcohol/drug treatment program
• Other consequences might include community service, Alcoholics Anonymous or “Victim’s Panels” meetings, ignition interlock devices, etc.

Third Offense within 10 years of 2 prior offenses:

• 120 days to 1 year in jail
• A fine of not less than $390 nor more than $1,000 (does not include court costs)
• 3 to 5 years probation
• Driver’s license revoked for 3 years
• Successfully complete an 18 month or 30 month licensed alcohol/drug treatment program (if one has not been completed already)
• Other consequences might include community service, Alcoholics Anonymous or “Victim’s Panels” meetings, ignition interlock devices, etc.

Fourth Offense within 10 years of three or more separate offenses:

• Can be filed as a felony
• 180 days to 1 year in jail
• A fine of not less than $390 nor more than $1,000 (does not include court costs)
• 3 to 5 years probation
• Driver’s license revoked for 4 years
• 18 month licensed alcohol/drug treatment program (if one has not been completed already)
• Other consequences might include community service, Alcoholics Anonymous or “Victim’s Panels” meetings, ignition interlock devices, etc.