All states have laws prohibiting driving under the influence (DUI) of drugs or alcohol. Whether the offense is labeled “DUI,” “DWI” (driving while intoxicated), or “OUI” (operating under the influence), the consequences are generally severe. Though the specifics differ by state, penalties often include license suspension, fines, fees, ignition interlock device (IID) installation, and jail time.
To learn more about the specifics of the penalties in your state, you should contact a local DUI lawyer.
What’s the Likely Outcome of a DUI Arrest?
In 2015, we surveyed readers in different parts of the country who had been arrested for DUI. Conviction rates and the severity of charges varied depending on how many prior DUI convictions drivers had.
The majority (79%) of our survey respondents who were arrested for first-time DUI were convicted of some kind of charge. Misdemeanor DUI was the most common conviction; 56% of all respondents were convicted of this offense. But 18% of alleged first-time offenders were convicted of a lesser charge like reckless driving or "wet reckless."
The vast majority of survey respondents who were arrested for a 2nd DUI were convicted of DUI or a lesser charge. Specifically, 71% were convicted of misdemeanor DUI, 12% ended up with a felony DUI conviction, and 6% pleaded guilty (or "no contest") to a lesser charge.
The overwhelming majority of survey respondents arrested for a third or fourth DUI were convicted of DUI or a lesser charge. Specifically, 33% ended up with a felony DUI conviction, 56% were convicted of misdemeanor DUI, and 6% pleaded guilty (or "no contest") to a lesser charge.
License Suspension for DUI Arrests and Convictions
If you get a DUI, chances are your license will be suspended. (Many states also use the term "revoked.") Generally, there are two types of suspension: administrative suspensions and suspensions after a conviction. Each state is a little different, but here's how DUI suspensions usually work.
Administrative License Suspensions for DUI Arrests
Even if you aren’t ultimately convicted of a DUI in criminal court, the Department of Motor Vehicles (DMV) (or equivalent state agency) will normally suspend your license if a chemical test shows that you drove with a blood alcohol concentration (BAC) of .08% or more. This type of license suspension is usually called an "administrative" or "per se" suspension.
License Suspensions for DUI Convictions
In most states, license suspension is one of the mandatory penalties for a DUI conviction. In other words, the criminal court will impose a suspension period as a consequence of the conviction itself (regardless of whether or not the DMV imposed an administrative suspension).
However, administrative and conviction suspensions aren't completely separate. In most situations, if two suspensions are imposed, they’re allowed to overlap, meaning you won’t necessarily have to complete the two full suspensions.
How Long Your License Will be Suspended for a DUI
Suspension lengths vary by state. For a first-offense DUI, some states will suspend your license for only 30 days, while others might take away your driving privileges for a year or more.
In most states, you’ll typically face an increased license suspension if you have prior DUIs, had a high BAC, or refused to take a chemical test when appropriately asked to do so by an officer. Some states will even revoke a driver’s license permanently for a third or fourth DUI.
Relief from DUI Suspensions With a Restricted License
Depending on the circumstances of the case, a driver might be able to obtain a hardship license (also called a "restricted license") to drive during the suspension period. Hardship licenses generally allow the motorist to drive to and from places like work and school. In many states, the driver must complete a period of suspension (called the "hard suspension") before obtaining a restricted license.
Getting Your License Reinstated and SR-22 Insurance After a DUI
Following a DUI suspension, drivers are normally required to get an "SR-22." Simply put, an SR-22 is an insurance industry term for proof of insurance. As opposed to a physical insurance card, an SR-22 is a certificate sent from the insurance company directly to the DMV. Basically, an SR-22 verifies that the insurance policy exists and provides the necessary coverage.
The initial fee for an SR-22 will often be around $25 for the insurance company to send proof of insurance to the DMV. However, the insurance policy itself can be thousands of dollars a year, depending on the driver’s record.
Jail Time for DUI Convictions
In almost all DUI cases, jail time is at least a possibility. DUI laws generally specify a range of possible jail time for various types of DUI convictions.
How Long You'll Spend in Jail for a DUI
How long you'll have to stay behind bars for a DUI conviction depends heavily on the circumstances and the laws of the state where you're convicted. But most DUI convictions don't lead to the offender spending substantial time in jail.
For first-offense DUIs, only 9% of our survey respondents did any jail time. While the majority of second offenders didn't have to do any jail time, a higher proportion of them received jail or prison sentences (24%). Having two or more prior convictions when arrested for DUI greatly increased the chance of jail time: 50% of those arrested for third or fourth DUI were sentenced to time behind bars.
Besides prior DUI convictions, other factors can increase the length of mandatory minimums and/or the likelihood that you'll receive a long jail term. These factors include:
- being involved in an accident where someone was seriously injured or killed
- having a high BAC, and
- having a minor in the vehicle with you during the DUI offense.
Even where some aggravating circumstances are present, it's fairly uncommon for a DUI offender to serve more than a year in jail. Causing injuries or the death of another person is the one factor that's most likely to result in substantial time in jail or prison.
DUI Conviction Fines, Fees, and Costs
DUI convictions generally carry fines and fees. In most states, even a first-offense DUI will cost the driver at least $500 in fines. As with jail time, the amount of fines a DUI offender will have to pay usually increases if certain aggravating factors, such as having prior convictions or a child in the car, are present.
In addition to fines, there are typically fees the offender has to pay. For example, many states require drivers to pay license reinstatement and court fees. These fees can be several hundred dollars or more.
Other costs of a DUI conviction include things like insurance rate increases, attorney fees, and DUI classes. Increases in car insurance rates were standard—47% of our survey respondents reported boosted rates, typically for three years. Not only that, but our survey results indicate that a DUI arrest and the proceedings that follow can lead to lost income due to a suspended license or even a lost job; almost 25% of respondents reported this kind of cost.
Ignition Interlock Devices (IIDs) for DUI Convictions
Many states require drivers convicted of drinking and driving to install ignition interlock devices (IIDs) on their vehicles. An IID is an alcohol-detecting machine (like a breathalyzer) that’s attached to the car’s ignition system. Once an IID is installed, the car won’t start unless someone blows into a tube with an alcohol-free breath.
After the driver starts the car, an IID will ask for breath samples at random intervals—these are often called “rolling samples.” If an IID detects alcohol on a rolling sample, it generally won’t disable the car, but it will record the positive test and likely notify the court or probation department.
Survey respondents arrested for a second offense were required to install ignition interlock devices more than twice as often (41%) as those arrested for first-offense DUI (18%). And 50% of those arrested for third or fourth DUI were required to have an IID.
Our survey numbers regarding IIDs make sense in light of state laws. Some states—including Arkansas and Hawaii—require all drivers convicted of a DUI to install IIDs, including first offenders. Colorado, on the other hand, requires IIDs for first-offense DUIs only when the driver’s BAC is .15% or more.
Other states require IIDs only for repeat offenders. For instance, in Georgia and Florida, IIDs aren’t mandatory for first DUIs but are generally required for at least one year for motorists with a second DUI within five years.
In most situations, the defendant will have to pay the costs of installing and maintaining the IID.
Required Substance Abuse Treatment for DUI Offenders
Many state laws require at least some DUI offenders to participate in substance abuse education or treatment. Oftentimes, the offender will have to participate in a substance abuse evaluation and complete any recommended treatment or programs.
DUI Court and First-Offender and Diversion Programs
Some states have special programs for drivers who want to avoid some of the normal penalties. However, these programs have lots of requests that usually include substance abuse treatment and testing.
DUI First-Offense Programs
In states that have first-offender programs, DUI offenders will generally be eligible as long as they have no prior DUI convictions and the current DUI didn’t involve any aggravating factors. Aggravating factors can include vehicle collisions, injuries, and especially BACs.
Participants who successfully complete program requirements are rewarded with more lenient consequences than would otherwise be the case. For example, the court will generally waive jail time, and the offender might have the option of installing an IID rather than losing all driving privileges.
DUI Diversion Programs
A diversion is an agreement between the prosecutor and the offender to resolve the charge without court intervention. Generally, these agreements involve the offender admitting to the DUI charge in exchange for dismissal of the charges upon completion of the diversion program.
Diversion agreements often require the offender to complete an alcohol and drug evaluation and any recommended rehabilitation programs. These agreements also generally require offenders to maintain their sobriety, abide by all laws, complete some form of community service, and pay program fees.
DUI Court for Repeat Offenders
DUI court programs are typically designed for repeat offenders. These programs are usually more intense than first-offender programs and diversion.
With DUI court, on the other hand, there’s a whole “DUI court team” that monitors the participant’s progress in substance abuse treatment. The team usually includes a judge, prosecutor, defense attorney, probation officer, law enforcement representative, and program coordinator. Substance abuse treatment providers are regularly in contact with the team members. And the DUI court participant has to come to court frequently for progress reports.
Participating in DUI court can result in less jail time, lower fines, and a shorter wait to get your driver’s license reinstated after your conviction.
DUI Consequences for Drivers Who Are Under 21 Years Old
While all states have underage DUI laws, the BAC limits they impose vary. Many states have true “zero-tolerance” laws that prohibit drivers who are under 21 years old from driving or operating a vehicle with any measurable amount of alcohol in their body. But lots of other states aren’t as strict and set the BAC limit for underage drivers at .01%, .02%, or .03%.
The consequences of an underage DUI vary quite a bit by state. But, generally, the underage driver will be facing license suspension at a minimum. There might also be fines and requirements such as having to complete a substance abuse education course. Jail time might also be a possibility depending on the circumstances and the laws of the state.
Get in Touch With a DUI Attorney
The DUI laws of every state are different. If you’ve been arrested for or charged with a DUI offense, you should talk to a DUI attorney right away. An attorney can evaluate the facts of your case and help you decide what to do next.