DUI/DWI Sentencing and Penalties

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty through the defendant's own plea or after a jury trial. Any penalty will depend on state law, as well as circumstances, such as the presence of an open bottle of liquor in the car and the defendant's cooperation with the police.

Drivers who are younger than 21 years old are generally prohibited from driving after consuming alcohol. State laws that prohibit underage drink and driving go by different names such as “zero-tolerance,” “underage DUI,” and “minor DUI.”

DUI court and repeat-offender programs focus on rehabilitation and can allow offenders to avoid having to serve significant jail time.

First-offender and DUI diversion programs focus on rehabilitation and giving violators a second chance rather than just punishment.

When a DUI charge is reduced to a reckless driving charge, it's often called a "wet reckless." A wet reckless is generally considered a good plea deal in a DUI case because the penalties are less severe than those for a DUI conviction.

What happens when you're convicted of driving under the influence and must complete a substance abuse evaluation.

Losing your driver's license for a for driving under the influence (DUI) arrest or conviction.

A driver whose license is suspended or revoked for a DUI or having too many tickets may be able to get a “hardship” or “restricted” license for driving to and from certain places.

Electronic ankle bracelets can be used to monitor the location and even alcohol consumption of the wearer. When these devices monitor alcohol consumption, they are often called “continuous remote alcohol monitoring” (SCRAM) bracelets

Whether a DUI conviction will lead to jail time depends on the circumstances, including whether the driver has prior DUI convictions and the driver's blood alcohol concentration (BAC).

Ignition interlock devices (IIDs) are breathalyzers that are wired to a car’s ignition and prevent a motorist from driving when breath alcohol is detected. Read more about IIDs and when DUI offenders are required to use them.

Generally, a DUI/DWI is considered a crime rather than a traffic infraction. Most standard DUIs are misdemeanors, but under certain circumstances, a DUI can also be a felony.

DUI court and repeat-offender programs focus on rehabilitation and can allow offenders to avoid having to serve significant jail time.

When a DUI involves an accident, the offender is typically going to face more severe penalties than would otherwise be the case and jail time is very likely if there were injuries or deaths.

Having a child in your car at the time of a DUI arrest can lead to DUI penalty enhancements, child endangerment charges, and CPS getting involved with your family