DUI Penalties

When I tried my first DUI case back in 1990 (it was called DWI in those days), the law was relatively simple and the penalties not nearly as severe as they are today. Cops frequently screwed up administering the BAC tests making them invalid, there were problems with the accuracy of the machines themselves and how they were maintained, and the legal limit of presumed intoxication was 0.10 or above. License suspensions only applied if you were convicted or pled guilty, and the judge in certain hardship situations could waive the now-mandatory minimum jail time. Since a DUI was a gross misdemeanor, the maximum criminal penalties were--and technically still are---365 days in jail and/or a $5000 fine.

Today it's a whole 'nuther ballgame! As I said in the section on High Crimes and Misdemeanors, there are now over 218 felony offenses with less severe sanctions than a DUI. In 1990, there were no special penalties for a BAC of 0.15, additional minimum jail time for a second or a third conviction in 7 years, huge fines, mandatory ignition interlock devices, incredibly long revocations for BAC refusals, the possibility of vehicle impound, or the imposition of Electronic Home Monitoring. To see just how harsh, complicated, and costly a DUI conviction can be, see the Penalties Chart.

There are also other "indirect" penalties that come with a DUI conviction. A DUI conviction can prevent you from obtaining a Visa to visit a foreign country. Canada, for example, routinely bars people with DUI convictions from crossing their border. Many employers will not hire people with DUI convictions, and a DUI conviction can't be "expunged" or "vacated" from your record. Ever!