What are the penalties for a DUI/DWI conviction?

Effective legal representation is essential to protect your rights. Potential and mandatory penalties for a DUI are extensive and increase in severity with respect to repeat offenders, aggravating circumstances, and heightened blood alcohol content.

First Offense

  • Jail of up to 12 months authorized.
  • 12 months loss of license-restricted license permitted in certain circumstances.
  • Court fine of $250-$2500 plus court costs.
  • If BAC was .15 or greater-mandatory jail of 5 days.
  • If BAC was more than .20-add 10 days of mandatory jail time.
  • Ignition interlock device required as condition of restricted license.
  • Required probation and participation in ASAP as we’ll as attendance at Victim Impact Panel.

Second Offense (w/in 5 years of First Offense)

  • Jail term of 1 to 12 months.
  • Mandatory jail term of 20 days. (10 days mandatory jail term if w/in 5-10 years of First Offense)
  • Loss of license for 3 years-restricted license permitted after 1 year and subject to requirements. (4 months if w/in 5-10 years of First Offense)
  • Court fine of $500-$2500 plus court costs.
  • If BAC was .15 or more-add 10 days of mandatory jail time.
  • If BAC .20 or more-add 20 days of mandatory jail time.
  • Installation of ignition interlock device required as condition of restricted license.
  • Required probation and participation in ASAP as we’ll as attendance at Victim Impact Panel.

Third Offense (w/in 5 years of First/Second Offense)

  • Felony classification.
  • Jail of up to 5 years authorized.
  • Mandatory jail term of 180 days. (90 day mandatory jail term if 5-10 years from prior offense).
  • Loss of license for 5 years-restricted license not permitted.
  • Court fine of $1,000-$2500 plus court costs.
  • State may seize vehicle. (w/in 10 years of prior offense)
  • Persons convicted of 3 DUI offenses w/in 5 years refused bail if charged with any subsequent crime.

Fourth Offense (w/in 10 years)

  • Felony classification.
  • Jail of up to 5 years authorized.
  • Mandatory jail term of 12 months.
  • Loss of license for 3 years-restricted license not permitted.
  • Court fine of $1,000-$2500 plus court costs.
  • Vehicle seizure, and forfeiture of same, permitted.