DUI Penalties
Driving under the influence (DUI or DWI) is a crime handled at the state level. The courts mandate penalties depending on the state where the crime was committed, the amount of alcohol consumed, any crimes committed or property damage while under the influence, and whether there were injuries as a result of the driver’s intoxication.
Following are some potential repercussions for conviction:
- Fines, jail time, probation, community service.
- Prosecution under civil law for property damages.
- Revocation or suspension of the driver’s license by the Department of Motor Vehicles (DMV).
- Minimum mandatory penalties are a possibility for drivers having a blood-alcohol concentration (BAC) above a state’s maximum allowable level (.08 percent for most states) or drivers subject to the implied consent laws for refusing to submit to chemical testing.
- Inability to apply for a commercial driver’s license (CDL).
- Zero tolerance laws mean that a driver under 21 found to have any positive alcohol testing will be convicted of DUI and may lose their driver’s license, even if they have not reached the maximum legal BAC limit. If the offense is serious enough, the driver may be tried as an adult.
- Vehicle confiscation is a possibility, usually for repeat offenders.
- An ignition interlock device that attaches to the convicted driver’s vehicle and requires a breath test before the vehicle will start. The driver pays for installation, leasing, and monthly maintenance.
- Insurance companies may decline coverage. There are companies that insure high-risk drivers, and it is essential that all drivers carry adequate coverage. A driver convicted of DUI must file an SR22 proof of insurance form to get their suspended driver’s license reinstated. This form provides proof that the driver has obtained vehicle insurance meeting minimum liability requirements.
- Alcohol education or treatment/assessment for alcohol abuse can be required. This may be suggested instead of serving a sentence of incarceration or paying fines.