Criminal Penalties
for DUI Convictions

A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including:

• Whether the driver has a history of DUI violations;

• Whether the driver was operating a commercial vehicle at the time of the DUI;

• Whether the DUI violation occurred while there was a child in the vehicle;

• Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving;

• Whether the DUI violation involved a car accident in which property damage occurred;

• Whether the DUI violation involved a car accident in which another person was injured or killed; and

• Whether the driver was under the legal drinking age at the time of the DUI violation.

Alternatives to jail include:

Electronic Monitoring: This is also known as "House Arrest", and involves wearing an ankle bracelet that electronically monitors the whereabouts of the wearer. Usually, arrangements can be made for the wearer to go to work or school, so long as they are home by an appointed time.
Work Release: This involves working at a site determined by the Probation Department. The participant works there during the day, and gets to go home at night to sleep.
Work Furlough: This option allows the participant to keep their own job; however, they return to a dormitory-style facility to sleep at night. They are released to go to work during the day.
City Jail: Also known as "private jail" or "weekend jail." Many local police departments operate a City Jail program. Participants check themselves in to the police station, and usually spend the night there, to be released sometime the following day.
Alcohol or Drug Rehabilitation: Sometimes a DUI or drug-related arrest is merely the unfortunate symptom of an underlying addiction issue. While this is certainly not the case in every instance, some people who are arrested for these types of cases can best address alcohol or drug rehab as an alternative to jail. A skilled defense attorney will know how to obtain this type of relief for their clients, and try to prevail upon a judge to allow this as an alternative to custody and fines.
Sober Living: For those that are multiple offenders, or have a drug or alcohol problem that has not responded to past attempts at treatment, sober living is sometimes the best alternative. These are houses, both for men and women, where all of the residents are sober. The structure of each house will vary, but residents are usually required to attend a 12-Step meeting daily, participate in house groups and functions, and perform a household chore. In addition to allowing the participant to avoid a lengthy jail stay, sober living environments have helped many improve the quality of their lives.

A DUI Conviction on my Record

If you are convicted for a DUI offense, it will be listed on your record.  How long it remains on your record varies. If you are convicted of a first DUI offense, in some states you may be able to have the crime expunged, a process that removes the conviction from your record. If you are convicted of another DUI offense, however, the conviction will be reinstated. In other states, such as Alaska, a DUI offense stays on your record forever, while in California it will remain on your record for approximately 10 years, depending on circumstances. However, you may need to take action to get the DUI removed from your record if your state allows for it to be removed after a certain amount of time has passed.