Criminal defense attorneys frequently get asked questions pertaining to Driving Under the Influence. Many people want to know what happens when they are pulled over and arrested for a “DUI” and what the consequences are associated with them. Below are the consequences one is facing when being charged with a DUI. The penalties vary depending on the type of DUI you are being charged with, whether you have been charged with prior DUIS, and the circumstances surrounding your arrest.
1st Offense | 2nd Offense Within
5 Years of Prior Conviction |
2nd Offense Outside
Of 5 Years of Prior Conviction |
3rd Offense Within
10 Years of Prior Conviction |
3rd Offense
Outside of 10 Years of Prior Conviction |
4th or Subsequent Conviction | |
Adjudication of Guilt (Conviction) | Mandatory | Mandatory | Mandatory | Mandatory | Mandatory | Mandatory |
Jail | 0-180 Days | 10-270 Days | 0-270 Days | 30-364 Days | 0-364 Days | 0-364 Days |
Jail (Enhanced) | 0-270 Days | 10-364 Days | 0-364 Days | 30-364 Days | 0-364 Days | 0-364 Days |
Fine | $500-$1,000 | $1,000-$2,000 | $1,000-$2,000 | $2,000-$5,000 | $2,000-$5,000 | $2,000 Minimum |
Fine (Enhanced) | $1,000-$2,000 | $2,000-$4,000 | $2,000-$4,000 | $4,000 Minimum | $4,000 Minimum | $4,000 Minimum |
Monthly Reporting Probation | Up to 12 Months | Up to 12 Months | Up to 12 Months | Up to 12 Months | Up to 12 Months | Up to 12 Months |
Driver’s License/Privilege Suspension (DUI only) | 6 Months- Permanent Revocation | 5 Years- Permanent Revocation | 6 Months- Permanent Revocation | 10 Years- Permanent Revocation | 6 Months- Permanent Revocation | Permanent Revocation |
DUI Substance Abuse Course | Mandatory | Mandatory | Mandatory | Mandatory | Mandatory | Mandatory |
Vehicle Immobilization | 10 Days Minimum | 30 Days Minimum | 10 Days Minimum | 90 Days Minimum | 10 Days Minimum | 90 Days Minimum |
Interlock Device | Not Mandatory | 1 Year Minimum | 1 Years Minimum | 2 Years Minimum | 2 Years Minimum | 2 Years Minimum |
Interlock Device (Enhanced) | 6 Months Minimum | 2 Years Minimum | 2 Years Minimum | 2 Years Minimum | 2 Years Minimum | 5 Years Minimum |
Community Service Hours | 50 Hours | Not Mandatory | Not Mandatory | Not Mandatory | Not Mandatory | Not Mandatory |
*An offense is considered “Enhanced” when the individual who is charged with DUI has a breath or blood alcohol level of .15, accident or a minor child is involved.
If you, or someone you know, is charged with Driving Under the Influence, it is extremely important to get help from experienced attorneys such as Anthony Bruno & Peter Schoenthal.