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First Offense DUI Penalties

Penalties for a First DUI

The consequences of a first DUI conviction—which can be the result of a plea bargain or being found guilty after a trial—differ depending on the facts of the case. But generally, the possible penalties include:

  • DUI based on impairment or a BAC of at least .08% but less than .1%. A first DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a misdemeanor. A convicted driver is looking at $300 in fines, a six-month term of probation, and up to six months in jail. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.

 

  • Impairment DUIs involving injuries, death, or property damage and DUIs involving BAC of at least .1% but less than .16%. A first DUI conviction where the driver was convicted based on impairment and someone was injured, killed, another’s property was damaged, or the driver had a BAC of .1% or more but less than .16% is a misdemeanor. The convicted driver is looking at 48 hours to six months in jail, $500 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.

 

  • Impairment DUIs involving a refusal to take a breath test and DUIs involving BAC of at least .16% or controlled substances. A first DUI conviction where the driver was convicted based on impairment and unlawfully refused to take a chemical test or the driver had a BAC of at least .16% or any concentration of a controlled substance is a misdemeanor. The convicted driver is looking at 72 hours to six months in jail, $1,000 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.

 

  • DUIs with a minor passenger. A first offender who’s caught driving under the influence with a passenger who is under 18 years old is guilty of a first-degree misdemeanor. In addition to the penalties mentioned above, the convicted motorist is looking at least $1,000 in fines and 100 hours of community service. The motorist also faces up to five years in jail and an 18-month license suspension.

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