How strict are DUI penalties on average in the US?

18 comments

1. Depends on the state, in my state of Kentucky DUI itself is a misdemeanor, but if you accumulate multiple it can get pretty bad for you, after the 4th in 10 years it becomes a felony

2. It depends entirely on state and context

3. this is one of the things that differs a ton state to state. my state, Wisconsin, has a massive drunk driving problem and fairly relaxed laws compared to other states I’ve spent time in.

   I used to live in a state that allows local police to perform drunk driving checkpoints. this is illegal in Wisconsin. Wisconsin’s neighboring state, Minnesota, has whiskey plates, which are a different color license plate for people who have DUIs (I know this is a thing in several states, but never one I’ve lived in. I’m not entirely sure how they work). other legal penalties, license suspensions, jail time, etc. will vary across the country.

4. Average is difficult because, in most states, it depends on how severely you were impaired. If you’re just barely over the limit, you might only get a short license suspension (like 1 month) or no suspension at all. If you’re significantly over the limit, you could get a 12 month suspension and a month in jail.

   Fines range from a few hundred to a few thousand dollars, but often are less significant than legal fees and especially the insane rates you’ll need to pay for car insurance afterwards.

   In my state, the highest penalty for a DUI where you don’t hurt anyone else (3rd offense and most severe category of impairment) is punishable by up to five years imprisonment.

5. Pretty strict but it depends on the state. Here’s what it’s like in Texas, where I live: https://www.txdot.gov/safety/driving-laws/impaired-driving.html

6. In some states they give you exclusive limited-edition license plates for it

7. Typically DUI will result in a license suspension. Repeat offense will eventually result in jail time.

   At least we have gotten away from the idea for 30+ years ago that being drunk behind the wheel was somehow a mitigating factor that would lower your responsibility if you hurt or killed someone.

8. Not strict enough

9. I have no clue, because I haven’t bothered to look at most of them. Virginia doesn’t mess around though.

10. Too lenient in my opinion. In WA a DUI is a misdemeanor, if you’re arrested they will suspend your license for between 90 days to 4 years (depending on prior offenses), but you can get an Ignition Interlock license that allows you to drive as long as the car has an ignition interlock (the breathalyzer that controls the car starting). It takes 4 or more DUI charges to get a felony DUI charge. WA does have mandatory minimum sentences, for a first time DUI it’s 24 hours in jail or 15 days of electronic home monitoring and if your BAC was 0.15 or above then the mandatory minimum is doubled. There’s a maximum $5000 fine, but no minimum. So it sounds pretty similar to what you say people pushed for (and I assume you have now) in Ireland.

    Regarding my feelings of leniency, I’m trying to take emotion out of it (not easy to do) and I think my biggest issue with WA penalties is that with subsequent DUI charges the penalties just step up and IMO if you get a second one you obviously didn’t learn from your mistake and you don’t take drunk driving seriously, and I don’t feel the penalties take that into account. I’m not sure what penalties would make me happy though.

11. At least in my state:

    First one is a really firm slap on the wrist. Possibly up to a year in jail, but if you sound like a productive or at least a decent member of society that will often be reduced to probation for a year. License suspension is also usually ordered, and mandatory community service.

    Second and subsequent offenses are much harsher, with much larger fines and mandatory jail sentences. Also your insurance rates will soar through the moon to make sure you never can afford to drive for a few years.

12. Laws depend on the state

13. Depends on how good of a lawyer you can afford and how much money or influence your family has.

14. The entire US is much worse than that. I work in Colorado so I can give you a rundown of penalties here.

    1st DUI: minimum 48 hrs community service, classes and 52 hours of therapy. 9 month license suspension at minimum

    2nd DUI: 10 days jail. minimum 48 hrs community service, classes and typically 86 hours of therapy. 1 year license suspension at minimum. 10 days cannot be in-home detention if within 5 years of first DUI.

    3rd DUI – mandatory 60 days consecutive of jail. minimum 48 hrs community service, classes and over 86 hours of therapy. License revoked.

    4th+ DUI – felony conviction, minimum 90 days jail, extensive community service and extensive amounts of therapy and classes. Can be sentenced up to 6 years of prison. Fifth DUI and beyond frequently get prison time here.

    Other states have priors fall off after a lengthy of time. Colorado does not, and they will count priors in other states no matter how old. Even if you got your first 3 in Montana in 1968, if you get a DUI in Colorado tomorrow it’s a felony

15. Not strict enough

16. I’ve never gotten a DUI, but I know several people who have. In Indiana, the first one is almost a mulligan. It’s a misdemeanor with possible fines (<=$5000) and a license suspension for a few months.

    If you get a second one within five years, you might do some jail time, and it’ll count as a felony, along with the same fines and longer license suspension.

17. The more severe the punishment the better. Drunk driving kills and maims people.

18. In NC it can get kind of [complicated](https://dui.drivinglaws.org/ncarolina.php), but depending on circumstances anywhere from losing your license for a year and a fine of a few hundred dollars to permanently losing your license, up to 10k in fines, and 3 years in jail.

    And you can also get a DUI while not actually driving.

    Then you get the REAL punishment regardless; your insurance rates are going to the moon.