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Penalties for repeat DUI offenders

hoku • Feb 12, 2021

If you are facing a repeat charge for a DUI, you might find yourself feeling overwhelmed and confused. After all, the laws involving DUIs are complex and change periodically. Repeat offenders are subject to stiffer penalties upon conviction.  

Having a record of DUI arrests does not mean a subsequent conviction is certain. It does, however, make overcoming repeat DUI offenses more challenging. Also, DUIs do not just involve alcohol, they also include marijuana, prescription medicines and narcotics. A vital component of any successful DUI defense strategy is knowing the  penalties for repeat DUI offenders .  

Second DUI

A second DUI conviction carries a minimum 29-day jail incarceration sentence, an additional 45 days to 11-months behind bars, successful completion of an alcohol/drug diversion program, mandatory fines of up to $3,500, the use of an ignition interlock device and license suspension/restriction period of up to two years.  

Third DUI

A third-time DUI requires the loss of vehicle through forfeiture, a mandatory minimum incarceration period of 29 days, with an increase of up to 11 months, license revocation/suspension period of six years, payment of up to $10,000 in restitution, the use of an interlock ignition and completion of a drug and alcohol program.  

Fourth and subsequent DUIs

Repeat offenders facing their fourth or higher DUI charge are subject to spend a minimum of 150 days in jail and an incarceration sentence of one-year, the loss or restriction of driving privileges for up to eight years, vehicle forfeiture, the use of an interlock ignition and restitution.  

Bear in mind that  recent DUI law changes  mandate that offenders who are on their seventh or higher offense serve an incarceration term of at least nine years. The max incarceration term for repeat offenses at this level is 15 years.  

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