DUI Penalties

• 1st Offense
• 2nd Offense
• 3rd Offense
• 4th Offense
• Reckless Driving
• Sentence Enhancements
• Related Links

1st Offense

Sentence With NO Probation

FINE: From $390.00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: From 96 hours (48 of which must be served continuously) to 6 months.
LICENSE: 6-month suspension.
DMV LICENSE: The defendant must successfully complete an alcohol/drug treatment program in order to be eligible for a driver's license in the future.
TREATMENT: None required.

Sentence With Probation

Option A
FINE: From $390.00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: From 96 hours (48 of which must be served continuously) to 6 months.
LICENSE: 6-month suspension.
DMV LICENSE: The defendant must successfully complete an alcohol/drug treatment program in order to be eligible for a driver's license in the future.
TREATMENT: Mandatory attendance at an alcohol/drug treatment program. If the defendant's Blood Alcohol Count (BAC) was less than 0.20 percent, participation in the program must be for at least 3 months or longer. If the defendant's BAC was 0.20 percent or more, or if the blood analysis test was refused, participation in the program must be for at least 6 months or longer.

Option B
*This option is not available if the defendant willfully refused or failed to complete a chemical test.
FINE: From $390,00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: None is required.
LICENSE: A 90-day license restriction to travel to and from work and within scope of employment and/or to and from the education program upon verification that proof of insurance has been provided to the DMV by an insurance company. Proof of insurance must be maintained for three years.
DMV LICENSE: If the courts order a restriction, the defendant may not drive unless and until the DMV suspension of his/her license has been served to completion Or set aside, and his/her license has been reinstated. At any time during the three-year period, if proof of insurance is not maintained, the DMV will suspend the defendant's driving privilege until such proof is provided.
TREATMENT: Mandatory attendance at an alcohol/drug treatment program. If your Blood Alcohol Count (BAC) was less than 0.20 percent, participation in the program must he for at least 3 months or longer. If your BAC was 0.20 percent or more, or if the blood analysis test was refused, participation in the program must be for at least 6 months or longer.
VEIDCLE IMPOUND: If the vehicle used in the violation is solely registered to the defendant, the vehicle may be impounded at the defendant's expense for not more than 30 days.

2nd Offense

3rd Offense

4th Offense

Reckless driving

Sentence Enhancements

Reckless Driving

Child Endangerment

*Occurs when a minor under the age of 14 was a passenger at the time of the DUI / DWI / Drunk Driving.

1st Offense
48 hours in jail is added to the sentence.

2nd Offense
10 days in jail is added to the sentence.

3rd Offense
30 days in jail is added to the sentence.

4th Offense
90 days in jail is added to the sentence.

Over .20% BAC (blood-alcohol content)
Unlike the other sentence enhancements, this one is not specifically outlined. The Vehicle Code directs the judge to consider this evidence as a "special factor which may justify enhancing the penalties in sentencing, in determining whether to grant probation, and if probation is granted, in determining additional or enhanced terms and conditions of probation. "

Multiple Victims
*If a defendant is convicted of a Felony DUI / DWI / Drunk Driving, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the defendant's sentence can be statutorily enhanced by the addition of 1 year in state prison for each additional victim.

Related Links