Penalties for a Third DUI

The consequences of a third 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 third DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a second-degree misdemeanor. A convicted driver is looking at $500 to $5,000 in fines, ten days to two years 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 third 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 first-degree misdemeanor. The convicted driver is looking at 90 days to five years in jail, $1,500 to $10,000 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.

• Impairment DUIs involving a refusal to take a breath test and DUIs involving BAC of at least .16% or controlled substances. A third 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 third-degree felony. The convicted driver is looking at one to seven years in jail, $2,500 to $15,000 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 third offender who’s caught driving under the influence with a passenger who is under 18 years old is guilty of a third-degree felony. A convicted motorist is looking at up to $15,000 in fines, six months to two years in jail, and an 18-month license suspension.

Anyone convicted a DUI who has at least one prior conviction within the past ten years must have an ignition interlock device (IID) installed to obtain a restricted license during the suspension period.