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DUI Convictions:  Driving Privileges


In addition to potential criminal penalties, a DUI arrest or conviction will have an immediate negative impact on driving privileges.
Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing. The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.
As with criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required.

 

DUI Administrative Penalties – State by State


State

Administrative License Suspension/Revocation (1st/2nd/3rd Offense)

Mandatory Alcohol Education and Treatment/Assessment

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.

   


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