For drivers 21 and older, DUI penalties rise with your BAC and with each repeat offense within five years. By the third offense it's a felony, and the state can seize your vehicle. Hurting or killing someone brings years in prison.
1st DUI (misdemeanor) by BAC
| BAC | License | Fine | Community service |
|---|---|---|---|
| 0.08%–0.1% | 30–180 day suspension | $100–$300 | 10–60 hours |
| 0.1%–0.15% (or unknown) | 3–12 month suspension | $100–$400 | 10–60 hours |
| 0.15% or above | 3–18 month suspension | $500 | 20–60 hours |
Know the rule
Every first offense is a misdemeanor with up to 1 year in prison, an $86 fee, a $500 highway safety assessment, and a DWI course and/or alcohol/drug treatment.
Handbook p. 63 ↗2nd DUI within 5 years (misdemeanor)
| BAC | Prison | License | Fine & other |
|---|---|---|---|
| 0.08%–0.15% (or unknown) | 10 days–1 year | 1–2 year suspension | $400; ignition interlock 1–2 years |
| 0.15% or above | 6 months–1 year | 2-year suspension | $1,000 |
3rd DUI within 5 years (felony)
| BAC | Prison | License | Fine & other |
|---|---|---|---|
| 0.08%–0.15% (or unknown) | 1–3 years | 2–3 year suspension | $400; interlock 2 years; vehicle seized |
| 0.15% or above | 3–5 years | 3 years after the sentence | $1,000–$5,000; vehicle seized |
Know the rule
Second and third offenses also carry the $500 highway safety assessment, the $86 fee and alcohol/drug treatment.
Handbook p. 63 ↗DUI causing serious injury or death (felony)
| Offense | Prison | Fine | License |
|---|---|---|---|
| Serious injury, 1st | 1–10 years | $1,000–$5,000 | Up to 2-year revocation |
| Serious injury, 2nd (5 yrs) | 2–15 years | $3,000–$10,000 | Up to 4-year revocation |
| Death, 1st | 5–15 years | $5,000–$10,000 | 5-year revocation |
| Death, 2nd+ (5 yrs) | 10–20 years | $10,000–$20,000 | 5-year revocation |
Look-back period: offenses within 5 years count as repeat violations
Handbook p. 63 ↗Put it into practice
A 35-year-old with a DUI three years ago is arrested again with a BAC of 0.12%. It's a second offense within 5 years: 10 days to 1 year in prison, a 1–2 year suspension, a $400 fine and an ignition interlock for 1–2 years.