DUI Penalties and Sentencing

After a DUI arrest, the court process and criminal penalties can be intimidating. Many states assign strict penalties to DUI and related offenses. People who are convicted of DUI multiple times could lose their license, pay heavy fines, or even face jail time.

This article offers a general overview of drunk driving sentencing. It describes ignition interlock devices, DUI schools, alcohol or drug treatment, and losing your vehicle. The article also outlines habitual offender penalties and sentencing enhancements.

Many factors go into the sentencing phase of a DUI case. Every state has its own way of assigning these penalties, so be sure to check your state’s laws or with a local attorney for the most accurate information. A criminal defense attorney can help you better understand DUI laws and the criminal charges against you. They can advocate for lower penalties and offer helpful legal advice during your case.

Criminal Penalties vs. Administrative Penalties

In a DUI case, you may face two types of penalties: administrative and criminal. The criminal sanctions against you as a driver are entirely separate from those taken at the administrative level. Both types of consequences can negatively impact your life.

Administrative penalties are civil rather than criminal. They can occur while your case is in progress. For instance, refusing to submit to a blood alcohol concentration (BAC) test results in the automatic suspension of your driver’s license in most cases. Under implied consent laws, this is true even if actual impairment isn’t affirmatively established.

Criminal penalties occur after your conviction. Sentencing usually takes place almost immediately after a DUI conviction. The facts of the case, such as a second offense or a plea bargain, can shape the specific penalties. The sentencing judge will consider punishments and sentencing ranges identified in the vehicle or penal code statutes.

Common Penalties for DUI Convictions

You’ll likely face sentencing if you’re convicted of driving under the influence (DUI).

DUI penalties can include:

• A fine
• Time in jail
• Restriction or revocation of your driver’s license
• Probation
• Community service
• Enrollment and completion of a course in drunk driving or alcoholism

These penalties are explained in more detail below. In addition to the above possibilities, states have also developed other sentencing penalties or requirements that drunk drivers may need to fulfill.

Jail Time for DUIs

States often set mandatory minimum jail sentences for intoxicated driving. The minimum time in jail can depend on whether it’s your first, second, or third offense.

You may be subject to a shorter jail sentence for a first offense. This depends on your state, however. Some states punish first DUIs harshly in an attempt to deter driving under the influence of alcohol.

If you’re a repeat DUI offender, were convicted of DUI with aggravating factors, or your DUI caused injury or death to another, you may face a much stiffer prison sentence.

Ignition Interlock Devices and SCRAM Bracelets

Suppose you’re convicted of driving under the influence of alcohol or driving while intoxicated (DWI). You may be ordered to have an ignition interlock device (IID) installed on your motor vehicle to prevent impaired driving.

An IID captures your breath and analyzes your blood alcohol content (BAC). The device only allows you to start your car when the breath test registers below a certain level, such as 0.02%. The goal of an IID is to prevent you from driving with an impairment. If you’re underage, no amount of alcohol in your system is legal. Most states have zero tolerance laws for minors.

Similarly, some state laws allow for the use of SCRAM bracelets as a penalty or a condition of probation. SCRAM bracelets are alcohol-monitoring ankle bracelets that evaluate your sweat to detect the amount of alcohol in your system. One of the benefits of SCRAM devices is that they don’t require frequent in-person check-ins since they usually employ continuous alcohol monitoring.

DUI Schools and Alcohol or Drug Treatment

A DUI case may also result in revocation of your driver’s license. To get a driver’s license back, most states require you to complete some form of a DUI school or education and treatment program. This might include attending Alcoholics Anonymous (AA) meetings or more intensive treatment such as inpatient therapy.

DUI offenders who successfully complete the terms of their alcohol education or therapy program may often — but not always — have their driving privileges restored. Offenders who fail to comply with the terms of their program aren’t eligible for license reinstatement and may be returned to the courts for further action.

Vehicle Impoundment

Another form of punishment for a DUI offense is impounding a drunk driver’s vehicle for a set period. A more serious form of this punishment is forfeiture of your car. A court can order you to sell your vehicle after multiple convictions for drunk driving.

Community Service

A sentencing judge may impose a wide range of community service on you as a DUI offender. You’re more likely to be ordered to perform community service if you’re a repeat offender or committed an aggravated DUI offense. The number of hours of community service also varies based on your jurisdiction and the nature of your offense.

Probation and Suspended Sentences

Probation is an alternative to prison or jail following a DUI conviction. Probation is a set period during which you must adhere to certain restrictions and requirements. This might include performing community service and having a restricted driver’s license.

Suppose you violate the terms of your probation. In that case, any suspended sentence imposed following your DUI conviction will go into effect. This is an excellent incentive to ensure you complete the terms of your probation.

DUI Habitual Offender Penalties

Many states have passed habitual offender laws. These laws provide felony penalties for three DUI convictions. Habitual offenders may lose many of their civil rights, such as being able to vote or own a firearm. They may also lose their driver’s license permanently or for many years as a result of subsequent offenses.

Examples of habitual offender penalties include:

• License revocation: While a license revocation or license suspension may come even with a first-time DUI offense, it is far harsher for those with multiple DUIs. In some states, such as Oregon, you can lose your driving privileges for five years if you’re a habitual offender
• Harsher penalties: In many states, being a habitual offender can lead to harsher sentences, including increased jail time, higher fines, vehicle confiscation, or license cancellation.
• Automatic felony DUI charges: If you have prior DUI convictions, you may face an automatic felony DUI charge if you’re caught driving drunk again.

DUI Sentencing Enhancements

States have modified their laws to provide for enhanced sentences under certain circumstances. These sentence enhancements may apply when one of the following events occurs:

• Your blood alcohol concentration is very high, such as above 0.20%.
• You refuse to submit to chemical testing.
• You greatly exceed the speed limit or drive recklessly while drunk.
• A child under the age of 14 is in the car when you’re driving drunk.
• Your drunk driving is accompanied by a car accident or bodily injury to another person.

Concerned About Drunk Driving Sentencing? An Attorney Can Help

If you or a loved one is arrested by a police officer or other law enforcement for driving under the influence or another alcohol-related offense, speaking with an experienced DUI lawyer can help you understand drunk driving laws. A skilled attorney with experience in defending DUI cases can help you protect your legal rights, whether this is your first, second, or third offense.

If you’ve taken a blood test or breath test, and your blood alcohol levels are higher than the legal limit, having an attorney on your side can be invaluable. Contact an experienced DUI attorney near you to learn more about DUI laws and penalties.