A Look at DUI laws Nationwide

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 Vehicle Confiscation Possible? Ignition Interlock Device Possible?
AL 90d/ 1y/ 3ys Both No No
AK 90d/ 1y/ 3ys Both 2nd offense Yes
AZ 90d/ 90d/ 90 d Both 3rd offense 2nd offense
AR 120d/ 24m/ 30m Both 4th offense Yes
CA 4m/ 2y/ 3y Both (Education if under 21) 3rd offense Yes
CO 3m/ 1y/ 1y Both No Yes
CT 1y/ 3y/ permanent Both No 2nd offense
DE 3m/ 1y/ 18m Either (not both) No Yes
DC 90d/ 1y/ 2ys No No Yes
FL 6m/ 1y/ 2ys Both Yes Yes
GA 1y/ 3y/ 5y Both 4th offense 2nd offense
HI 3m/ 1y/ 1-5y Both No Yes
ID 90d/ 1y/ 1y No No Yes
IL 90d/ 1y/ varied Treatment/ Assessment 3rd offense 2nd offense
IN 180d/ 180d/ 180d No Yes Yes
IA 180d/ 1y/ 2y Education No Yes
KS 30d/ 1y/ 1y Either (not both) No 2nd offense
KY 30d/ 1y/ 2ys Both Yes Yes
LA 90d/ 1y/ 2y Treatment/Assessment 3rd offense 2nd offense
ME 90d/ 18m/ 4ys Both Yes Yes
MD 60d/ 120d/ — No No Yes
MA 1y/ 2y/ 8y Both Yes Yes
MI 6m/ 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 90d/ 1y/ 1y No No Yes
NV 90d/ 1y/ 3y Both – in limited circumstances No Yes
NH 6m/ 3y/ 5y Both No Yes
NJ 3m/ 2y/ 10y Both No Yes
NM 90d/ varied/ varied Both No 2nd offense
NY 90d/ 6m/ 6m Both 2nd offense Yes
NC 60d/ 60d/ 90d Both – in limited circumstances 4th offense Yes
ND 91d/ 1y/ 2y Treatment/ Assessment 2nd offense Yes
OH 6m/ 1y/ 1y Treatment/ Assessment – 3rd off. 4th offense Yes
OK 30d/ 6m/ 1y Both – in limited circumstances in limited circumstances Yes
OR 90d/ 1y/ 1y Both Yes Yes
PA 1y/ 1y/ 1y Both – 2nd offense Yes 2nd offense
RI 45d/ 1y/ 2y Both 3rd offense Yes
SC 6m/ 1y/ 2y Both – in limited circumstances 4th offense Yes
SD 30d/ 1y/ 1y No No No
TN 1y/ 2y/ 3y Both – in limited circumstances 2nd offense Yes
TX 90d/ 180d/ 180d No 3rd offense in limited circumstances
UT 90d/ 1y/ 1y Both No Yes
VT 90d/ 18m/ permanent Education – in limited circumstances 3rd offense No
VA 1y/ 3y/ 3y Both Yes Yes
WA 90d/ 2y/ 3y Both 2nd offense Yes
WV 6m/ 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 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.

(Source: www.Findlaw.com)

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