The possible penalties for driving while intoxicated (DWI, also known as driving under the influence, DUI) vary from jurisdiction to jurisdiction. However, the penalties are usually progressive and become more severe for each repeat offense. The penalties are imposed if a driver of a motor vehicle is caught and convicted of driving with a blood alcohol level that is above the state’s blood alcohol limit. While states are free to define their own acceptable levels of blood alcohol content, congress has established a level of 0.08 as the limit and states who wish to receive the maximum possible amounts of federal highway funds must comply with that limit.
If a driver is over the legal limit then the driver might be facing suspension of his or her license, a fine, jail time or a combination of the three penalties. While each state is different, there are some common trends.
Losing the Right to Drive
When you first got your driver’s license as a teenager, your parents may have often repeated that driving is a privilege, not a right. Well, the state concurs with their assessment that driving is a privilege, not a right. Therefore, many states make licenses conditional on compliance with certain rules and regulations. For example, a driver’s license may be suspended in many states if a driver refuses to cooperate with a breathalyzer or field sobriety test.
Drivers who cooperate with the police and who are found to have blood alcohol contents above the legal limits may also face license suspensions. While the time of the punishment differs from state to state and from case to case, many states impose a 1 year license suspension for the first offense, a 3 year license suspension for the second offense and a 5 year suspension for the third offense.
Financial Penalties
The court may impose a fine on a driver who is found guilty of drunk driving. The fines usually range from a few hundred to a few thousand dollars. However, drivers should be aware that there are other financial penalties for drunk driving. The driver will also need to pay court and attorney costs as well as any property damage and medical bills associated with his or her actions. Further, and perhaps most significantly, the driver’s automobile insurance rates are likely to skyrocket and that additional cost will recur annually.
Prison Time
Some states impose prison time, particularly on repeat offenders.
Other Penalties
A judge may include other penalties in the sentence as well. In some states, such as California an ignition interlock device may be required in the driver’s vehicle. This type of device requires the driver to do a breath test to measure his or her blood alcohol level before the car will start.
Many states also require drivers to participate in mandatory alcohol education and prevention programs and in some cases to seek treatment for alcohol abuse. Judges may also impose sentences of community service on drivers who operated a vehicle while intoxicated
Driving under the influence of alcohol or drugs is a serious offense that endangers the public safety. Accordingly, every state has provided judges with an array of penalties to impose on drivers convicted of this type of offense.