Chapter 11: DUI Penalties - What Are The Penalties And Will I Definitely Have To Serve Them?

The penalties for DUI depend on the circumstances and they get exponentially greater in a situation where someone has been previously convicted of DUI. There are also increased penalties for having a very high BAC, a BAC over .15, and for having children in the car.

A first offense DUI, if convicted, carries a mandatory minimum penalty of: 48 hours in jail, a $350 fine, a 12-hour DUI school, and a one-year loss of your driver’s license. You will also have to have an ignition interlock device installed on your car to get your driving privileges back. That is the minimum if convicted, though the jail time can be up to 11 months and 29 days and the fine can be up to $1,500. There are other penalties that can be imposed, including attendance at a Victim Impact Panel and community service or litter pick up.

Briefly, the mandatory minimum penalties for multiple offenses are, in addition to those for first offense:

• Second offense: 45 days minimum jail service and a $600 fine.
• Third offense: 120 days minimum jail service, and a $1,100 fine.
• Fourth offense and greater: Class E Felony, 150 days minimum jail service and 1-6 year sentence, 8 year license revocation, and a $3,000 fine.

• Sixth or greater offense: Class C Felony, 150 days minimum jail service, 3-15 year sentence, and at least $3,000 fine.

However, just because someone has previously been convicted of DUI, does not necessarily mean they can be validly charged with a second, third, or fourth offense. There are time periods, beyond which prior offenses do not count. These time periods are affected by the offense dates of previous convictions, and it is important that your lawyer get the original documents to determine whether someone has been validly charged with a multiple offense DUI because the penalties are so heavily increased.

Despite how serious these penalties are, they only apply if you are actually convicted of DUI or multiple offense DUI. There are many defenses, as you’ve read already to DUI. Also, a strong defense and a refusal to plead guilty can and does often lead to a negotiated plea deal to reduced charges, including reckless driving, traffic tickets, dismissals, and in the circumstance of multiple offenses, to a less serious DUI penalty range.