Not all DUI or DWI laws are created equal. Indeed, each state determines the severity of the crime and possible punishments. In most states it is a serious criminal offense, but in other states a first-time offense is merely a civil infraction. In some states the judge will have discretion on how to enforce punishment, while in others the law calls for mandatory sentences. This chart identifies certain DUI-related criminal and administrative penalties used in each state: State Administrative License Suspension/Revocation (1st/2nd/3rd Offense) Mandatory Alcohol Education and Treatment/Assessment Vehicle Confiscation Possible? Ignition Interlock Device Possible? AL 90d/ 1y/ 3ys Both No No AK 90d/ 1y/ 3ys Both Yes Yes AZ 90d/ 360d/ 360 d Both Yes Yes AR 120d/ 24m/ 30m Both Yes Yes CA 6m/ 2y/ 3y Both (Education if under 21) Yes Yes CO 9m/ 1y/ 2y Both No Yes CT 1y/ 3y/ permanent Both No 2nd offense DE 12-24m/ 24-30/ 24-36m Both Yes Yes DC 6m/ 2y/ 3ys No No Yes FL 180 days/ 5y/ 10ys Both Yes Yes GA 1y/ 3y/ 5y Both Yes 2nd offense HI 3m/ 1y/ 1-5y Both No Yes ID 90d/ 1y/ 1-5y No No Yes IL 1y/ 5y/ up to 10y Possible Yes 2nd offense IN 2 y/ 180d-2y/ 180d No Yes Yes IA 180d/ 2y/ 6y Education 2nd offense Yes KS 30d/ 1y/ 1y Either (not both) No 2nd offense KY 90d/ 1y/ 3ys Both Yes Yes LA 90d/ 1y/ 2y Treatment/Assessment 3rd offense 2nd offense ME 90d/ 3y/ 6ys Both Yes Yes MD 6m/ 1 y/ 18m Yes No Yes MA 90d/ 3y/ 6y Both Yes Yes MI 6m/ 1y/ 1y Both 2nd offense 2nd offense MN 90d/ 180d/ 1y Treatment/Assessment - 3rd offense 3rd offense Yes MS 90d/ 2y/ 5y Both 3rd offense Yes MO 30d/ 1y/ 1y Both in limited circumstances Yes MT 6m/ 1y/ 1y Both 3rd offense Yes NE 60d/ 1y/ 2-15y No No Yes NV 90d/ 1y/ 3y Both - in limited circumstances No Yes NH 6m/ 3y/ 5y-Indefinitely Both No Yes NJ 7m/ 2y/ 10y Both No Yes NM 1y/ 2y/ 3y Both No 2nd offense NY 6m 1y/ 6y Both 2nd offense Yes NC 60d-1y/ 1-4y/ 1yr-Indefinitely Both - in limited circumstances 4th offense Yes ND 91d/ 1y/ 2y Treatment/Assessment 2nd offense Yes OH 6m/ 1-5y/ 1-10y Treatment/Assessment - 3rd off.
4th offense Yes OK 30d/ 6m/ 1y Both - in limited circumstances in limited circumstances Yes OR 1y/ 3y/ Indefinitely Both Yes Yes PA Up to 1y/ 1y/ 1y Both - 2nd offense Yes 2nd offense RI 2-18m/ 1-2y/ 2y Both 3rd offense Yes SC 6m/ 1y/ 2y Both - in limited circumstances 4th offense Yes SD 30d-1 yr/ 180 days-1yr/ 1y or more No No No TN 1y/ 2y/ 3-10y Both - in limited circumstances 2nd offense Yes TX 90d-1 yr/ 180d/ 180d-2yrs No 3rd offense in limited circumstances UT 120d/ 2y/ 2yr Both No Yes VT 90d/ 18m/ permanent Education - in limited circumstances 3rd offense No VA 1y/ 3y/ permanent Both Yes Yes WA 90d/ 2y/ 3y Both 2nd offense Yes WV 15=45d/ 1y/ 1y Both - in limited circumstances No Yes WI 6m/ 1y/ 2y Both - in limited circumstances 3rd offense Yes WY 90d/ 1y/ 3y Treatment/Assessment - 3rd offense No Yes 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.
Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose blood alcohol concentration (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. 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.
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. 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. Get Free Legal Feedback About Your DUI Case Today State laws differ quite a bit with respect to DUI laws and penalties for offenses, even though all states now conform to the 0.08 percent BAC limit for impaired driving. If you have been charged with a DUI or recently arrested for the offense, make sure you know the law well enough to protect your interests.
Better yet, have an experienced DUI lawyer review your case absolutely free.See Also: First Lego League Org
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