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. 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.

Anyone who had a prior DUI conviction five years or less from the current arrest, will be considered a repeat offender. Fines and penalties vary depending upon a person’s number of prior offenses. First time offenders face as much as 30 days in prison with the minimum if they are sentenced being 48 hours. Fines range from $200 to $500. There are times when a person is able to serve community service rather than spending time in prison or paying fines. The amount of time in service can be up to 30 days or at least 48 hours. License suspension for first time offenders are from 30-12o days unless a person is less than 21 in which case their suspension is 30 days to six months. Drug assessments and treatment can apply to all DUI offenders regardless of first offenses. Penalties can be more severe depending upon a number of prior convictions.

Jail sentences can more severe if any circumstances present are considered aggravating factors. If this is the case a person will have to spend some time in jail. Some of these situations include causing a fatal accident or one in which there are serious injuries, driving on the wrong side of the road, not taking any chemical tests or having a passenger who is 11 years old or younger in the car when arrested. First time offenders will serve four days in jail. The term for second time offenders is 14 days and 60 days for a third time offender. Fourth time offenders would serve 240 days in jail.

Anyone who is stopped on suspicion of a DUI can try to call his or her lawyer before taking a chemical test. They have a maximum of 15 minutes to attempt to reach their lawyer. Even if they are unable to do so, testing will go on.