Penalties for a DUI Conviction

Authored by Wendy Witt, Esq.

The penalties for a DUI conviction vary widely depending on the state where you're arrested, whether it's a first or subsequent conviction, and with any mitigating or aggravating circumstances.

DUI penalties handed down by the court can include:

  • Jail time and fines
  • Loss of driver's license
  • Community service
  • Ignition interlock
  • Vehicle impoundment
  • Mandatory DUI school
  • Mandatory drug and alcohol evaluation and counseling
  • Mandatory drug and alcohol inpatient rehabilitation - up to 28 days

For example,

  • In Illinois, the per se DUI BAC is .08%; the aggravated DUI BAC is .16%; the zero tolerance for minors is 0%.
    • You can be fined and lose your license for 3 months for a first conviction to 10 years for a third DUI conviction; and your car can be confiscated.
    • You can be sent to jail for up to one year for a first offense, up to one year of a second offense, and up to 7 years of a third offense.
  • In California, the per se DUI BAC is .08%; the aggravated DUI BAC is .16%; the zero tolerance for minors is .2%;
    • You can be fined and you will lose your license for 6 months for a first conviction, 2 years for a second conviction, and 3 years for a third DUI conviction; and your car can be confiscated.
    • You can be sent to jail for a first offense for up to 6 months, up to one year for a second offense, and up to one year for a third offense.
  • In New York, the per se DUI BAC is .08%; the aggravated DUI BAC is .18%; the zero tolerance for minors is .2%.
    • You can be fined and you will lose your license for 90 days for a first conviction, 6 months for a second conviction, and 6 months for a third DUI conviction; and your car can be confiscated.
    • You can be sent to jail for up to one year for a first offense, 4 years for a second offense and 7 years for a third offense.

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