Note: Persons arrested for DUI
will be subject to additional criminal law
penalties not addressed here -- including
jail time, fines, and community service.
Such criminal penalties are typically more
discretionary than those identified in this
chart, and are therefore more difficult to
accurately predict. Generally speaking,
first-time DUI offenders can expect to incur
a fine, and face the possibility of jail
time. Repeat DUI offenders will incur
harsher fines, and will almost certainly be
sentenced to a number of days in jail.
Penalties will be harsher still if the DUI
offender was involved in an accident in
which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation
penalties indicated here refer to minimum
mandatory penalties imposed on drivers whose BAC
is above the state limit for intoxication, or
drivers who refuse to submit to BAC testing.
Administrative suspension or revocation of a
driver's license is usually carried out by a
state agency (such as a Department of Motor
Vehicles), distinct from any criminal court
penalties. Most states impose harsher penalties
for second or third DUI offenses, typically
defined as those that occur within five years of
a prior DUI offense.
Note: the penalties identified
here do not include variations for DUI
offenders operating commercial vehicles, or
drivers who have violated "zero tolerance"
and "enhanced penalty" DUI laws (see Table
1). Most states recognize different
sanctions for these types of DUI offenses.
Mandatory Alcohol Education and
Assessment/Treatment
Alcohol education and treatment/assessment
penalties for DUI offenders can include
mandatory attendance at DUI prevention programs,
and assessment of potential alcohol dependency
problems. Such programs are often made
"conditions" of a suspended sentence or
probation, meaning that a DUI offender can avoid
jail time and payment of hefty fines if he or
she completes participation in the program. This
chart indicates each state's utilization of
alcohol education and treatment/assessment
programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor
vehicle department or law enforcement agency to
seize a DUI offender's vehicle, either
permanently or for a set period of time. Such
penalties typically apply only to repeat DUI
offenders, and often the return of the vehicle
requires payment of fines and significant
administrative costs. This chart indicates each
state's utilization of vehicle confiscation as a
penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing
device measures a vehicle operator's BAC, and
will prevent operation of the vehicle if more
than a minimal amount of alcohol is detected
(i.e. BAC level of .02). DUI offenders will
usually be required to pay the costs of
installation, rental, and maintenance of an
ignition interlock device. This chart indicates
each state's utilization of ignition interlock
devices as a penalty for DUI.