Penalties for a Second DUI

The consequences of a second 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 second 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 to $2,500 in fines, five days to six months in jail, 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 injuries, death, or property damage and DUIs involving BAC of at least .1% but less than .16%. A second DUI conviction where the driver was convicted based on impairment and someone was injured, killed, or 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 30 days to six months in jail, $750 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 second DUI conviction where the driver was convicted based on impairment and unlawfully refused to take a breath test or the driver had a BAC of at least .16% or any concentration of a controlled substance is a first-degree misdemeanor. The convicted driver is looking at 90 days to five years in jail, at least $1,500 in fines, and an 18-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 second 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 $2,500 in fines and one to six months in jail. The driver also faces an 18-month license suspension.

Anyone convicted of a second DUI must have an ignition interlock device (IID) installed to obtain a restricted license during the suspension period.