State Penalties For DUI Convictions (T-W)

 

Tennessee DUI

 

• DUI = just the opinion of a police officer
• 08% BAC or proved beyond a reasonable doubt that (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any premises generally frequented by the public while (4) under the influence of alcohol or drugs
• DUID = driving while under the influence of drugs (even a physician-prescribed narcotic)
• Implied consent State; first refusal results in one-year license revocation, second refusal results in two-year license revocation; if DUI accident results in bodily injury, any chemical test refusal
• results in two-year license revocation; if accident results in death, any refusal results in five-year license revocation
• .04% BAC commercial drivers; first DUI results in one-year CDL suspension (three-year suspension if hauling hazardous material), second DUI results in permanent disqualification
• .02% BAC under 21; DUI results in two - seven days jail (depending on BAC), $350 fine, possible one-year license loss
• House Bill 355 gives law enforcement probable cause to perform chemical test to determine BAC if driver involved in accident that results in death or injury, even if driver refuses; allows those results to be entered as evidence in any court or administrative hearing
• First DUI: 48 hours - 11 months and 29 days jail or county work home (if .20% BAC or greater, minimum seven consecutive days jail), $350-$1,500 fine, one-year license revocation, DUI school, SR22 insurance, restitution to anyone who suffered physical injury or personal loss, possible IID installation, possible community service
• Second DUI: 48 hours - 11 months and 29 days jail or county work home, $600-$3,500 fine, two-year license loss (restricted license allowed after one year and DUI school completion), SR22 insurance, vehicle used in DUI subject to forfeiture, possible IID installation, possible community service
• Third DUI: 120 days - 11 months and 29 days jail or county work home, $1,100-$10,000 fine, three - ten year license loss (no restricted license allowed), DUI school or substance abuse program completion, SR22 insurance, vehicle used in DUI subject to forfeiture, possible IID installation, possible community service
• Fourth DUI: Class E felony, one year jail (150 days served consecutively), $3,000-$15,000 fine, five-year license loss (no restricted license allowed), DUI school or substance abuse program completion, vehicle used in DUI subject to forfeiture, IID installation, possible community service
• Any DUI with aggravated circumstances (such as DUI accident) also considered felonies

 

Texas DWI

 

• DUI = DWI
• .08% BAC
• .04% BAC commercial drivers
• .02% BAC under 21
• Penal Code = “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”
• Intoxication defined as not possessing normal mental or physical faculties because one or more controlled substances ingested, or .08% BAC
• Intoxication includes illegal controlled substances (e.g., cocaine, inhalants), and prescription drugs
• First DWI: 72 hours - 180 days jail, up to $2,000 fine, 90 - 365 days license suspension, $1,000/ year for three years DWI surcharge; if child under 15 in vehicle, 180 days - two years jail, up to $10,000 fines; if .16% BAC or above, $2,000/year for three years DWI surcharge
• Second DWI: 30 days - one year jail, up to $4,000 fine, 180 days - two year license suspension, $1,500/year for three years DWI surcharge, IID installation; if .16% BAC above, $2,000/year for three years DWI surcharge; if child under 15 in vehicle, 180 days - two years jail, $10,000 fine
• Third DWI: Two - ten years jail, $10,000 fine, 180 days - two years license suspension, IID

 

Utah DUI

 

• DUI = driving without your normal mental and/or physical faculties because you’re under the influence of alcohol, and/or a controlled substance, regardless of your BAC level
• DUI = driving in an unsafe manner with circumstantial evidence (bloodshot/watery eyes, slurred speech, lack of coordination, driving dangerously, and/or failing field sobriety tests)
• .08% BAC
• First DUI: Either minimum 48 hours jail, minimum 48 hours Work Service Program, or home confinement, minimum $700 fine, 120-day license suspension; other possible penalties include home confinement served using electronic monitoring, participation in alcohol and/or drug screening and assessment, and participation in substance abuse education and treatment
• Second DUI: Minimum 240 hours jail, work program service, or home confinement, minimum $800 fine, two-year license suspension, three-year IID installation if within ten years of prior DUI; other possible penalties include home confinement using electronic monitoring, supervised probation, alcohol/drug screening and assessment, and substance abuse education and treatment
• Third DUI: Minimum 1,500 hours jail, $1,500 fine, two-year license suspension, three-year IID if within ten years of prior; possible supervised probation, alcohol/drug screening and assessment, or substance abuse education and treatment
• Possible driving privileges for work, school, court, and medical needs; qualifications include not drinking and driving for a period of: two years for first DUI or alcohol-related reckless driving; two years if .08 BAC; three years for alcohol restriction violation; three years for IID violation; five years for chemical test refusal; five years for DUI or alcohol-related driving if under 21 and had passenger under 16; ten years for a second DUI or alcohol-related reckless driving, or second BAC test refusal within ten years of prior refusal

 

Vermont DWI

 

• DUI = DWI driving while intoxicated; intoxicant can be any controlled substance, or a combination
• .08% BAC
• .04% BAC commercial drivers
• .02% BAC under 21
• Implied consent State
• First DWI: Up to two years jail, up to $750 fine, minimum $160 surcharges, 90-day license suspension; reinstatement dependent upon completion of classes (e.g., alcohol and driving education program, treatment assessment, therapy program)
• Second DWI: Up to two years jail, $1,500 fine, minimum $160 surcharges, 18-month license suspension (reinstatement dependent upon the completion of alcohol and driving rehabilitation program), minimum 200 hours community service, or minimum 60 consecutive hours prison
• Third DWI: Maximum five years jail, maximum $2,500 fine, minimum $160 surcharges, lifetime license suspension; license may be restored after three-year period of total abstinence from drugs/  alcohol, $500 application fee,  vehicle forfeiture, 400 hours community service, or minimum 1,000 consecutive hours prison

 

Virginia DWI

 

• Senate Bill 889: Class 1 misdemeanor operating a motor vehicle without an IID when one is required; one-year license revocation for offenders
• Senate Bill 1463: Requires IID installation as a condition of license restoration for any second DWI
• House Bill 2532: Localities (that have passed an enabling ordinance) are entitled to restitution from some DWI offenders as compensation for expenses related to law enforcement response
• Intoxication defined as the point at which you are no longer in control of mental and/or physical abilities because of ingested alcohol or drugs
• .08% BAC, a blood cocaine level of .02%, a blood methamphetamine level of .10%, a PCP level of .01%, or .10% BAC of MDMA or Ecstasy = intoxication
• .04% BAC commercial drivers
• .02% BAC under 21
• DUI = DWI; unsafe driving proven; circumstantial evidence includes uncoordinated balance, and/or failure of field sobriety tests, regardless of BAC
• First DWI: Minimum five days jail if passenger under age 18 in vehicle, or if  BAC between .15-.20%, ten days jail if BAC above .20%, minimum $250 fine ($750-$1,000 if passenger under 18), one-year license suspension; if BAC .15% or over, IID installation required, alcohol safety action program completion
• Second  DWI: 20 days - one year jail if less than five years from prior; add minimum of five days if passenger under 18; if second DWI within five - ten years of prior, 10 days - one month jail; add ten days if .15-.20% BAC; add 20 days if BAC above .20%; add minimum of five days if passenger under 18; three-year license suspension, IID required upon reinstatement; minimum $500 plus additional $500-$1,000 fine if passenger under 18, $50 Trauma Center Fund,  alcohol safety action program completion

 

Washington DUI

 

• DUI laws written so that conviction can occur whether driving a vehicle or not; if found to be drunk in your car, even in the back seat with keys nearby, you have ability, and therefore potential, to drive
• Can be convicted of drug abuse and driving
• Implied consent State; chemical test refusal can lead to license revocation or suspension
• Chemical test refusal or chemical test results of .08% BAC or above = license automatically revoked or suspended; amount of time dependent on driving record and BAC result (chemical test
• refusal oftentimes results in harsher penalties than conviction)
• .04% BAC commercial drivers
• .02% BAC under 21
• Implied consent State
• First DUI: 24 hours - one year jail (or 15 days electronic home monitoring), $865.50-$5,000 fine, 90-day license suspension, IID installation; if .15% BAC or above, two days - one year jail (or 30 days electronic home monitoring), $1,120.50-$5,000 fines, one-year license suspension; if passenger under 16, additional 60-day IID
• Second DUI: 30 days - one year jail (or mandatory 60 days electronic home monitoring, $1,120.50- $5,000 fine, two-year license suspension, IID and SR22 insurance required, possible alcohol and/or  drug education (license not reinstated if the required assessment, education and treatment not completed); if BAC .15% or above, 45 days - one year jail (or mandatory 90-day electronic home monitoring), $1,545.50-$5,000 fine, 900-day license suspension; if child under 16 in vehicle, additional 60-day IID
• Third DUI: 90 days - one year jail (or mandatory 120 days electronic home monitoring, $1,970.50- $5,000 fine, three-year license suspension, IID and SR22 insurance required, possible alcohol and/or  drug education (license not reinstated if the required assessment, education and treatment not completed); if BAC .15% or above, 120 days - one year jail (or mandatory 150-day electronic home monitoring), $2,820.50-$5,000 fine, four-year license suspension; if child under 16 in vehicle, additional 60-day IID

 

West Virginia DUI

 

• .08% BAC = DUI
• .04% BAC commercial drivers
• .02% BAC under 21
• .15% BAC and aggravating circumstances (i.e., a minor in the vehicle) = harsher DUI penalties
• Implied consent State
• First DUI: BAC .08-.15%, up to six months jail, $100-$500 fine,15-day license suspension, possible IID; if BAC .15% or above, two days - six months jail, $100-$1,000 fine, 45-day license suspension (required to complete and pass a safety/treatment program before license  reinstated), possible IID; if minor under 16 in vehicle, two days - 12 months jail, $200- $1,000 fine, possible IID
• Second DUI: No evidence other than .08% or more BAC; six - 12 months jail,  $1,000-$3,000 fine, up to ten-year license revocation (possible one-year license suspension followed by IID installation and completion and passing safety and treatment program before license reinstatement)
• Third DUI: Felony, one - three years jail, $3,000-$5,000 fine, possible lifetime license revocation, or one-year revocation followed by a mandatory IID; must complete and pass a safety and treatment program if license to be reinstated

 

Wisconsin OWI

 

• Wisconsin has more fatal accidents due to intoxication than any other State
• DUI = OWI (operating while impaired or intoxicated)
• Intoxication refers to alcohol, controlled substances, a combination of intoxicating substances, or any drug making someone unsafe
• Not necessary to be driving to be stopped for OWI; definition of operation = “the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion”
• Two or more OWI violations permanently stay on a person’s driving record
• A second violation occurring more than 10 years after first is considered a first offense; however, once a their third offense received, the two priors count, even if occurring more than ten years apart
• Implied consent State
• First OWI: $150-$300 fine, six - nine month license suspension; possible occupational license; SR22 insurance and alcohol assessment required
• Second OWI: Five days - six months jail, $300-$1,100 fine, 12 - 18 month license suspension; occupational license available after 60 days, or after 12 months if both offenses occurred with a five-year period, SR22 insurance required, possible vehicle immobilization or IID required; required to undergo alcohol assessment
• Third OWI: 30 days - one year jail, $600-$2,000 fine, two - three year license suspension; occupational license after 90 days, or after 12 months if both offenses within a five-year period with SR22 insurance required; IID, vehicle immobilization, or vehicle seizure; if seizure occurs, vehicle title must be surrendered to the Clerk of Courts (stamping it saying the vehicle cannot be transferred to another party without prior court approval); failure to do so could result in $500 fine; required to complete alcohol assessment
• Fourth DUI: Can be convicted with .02% BAC; 60 days - one year jail, $600-$2,000 fine, two - three year license suspension; occupational license after 90 days, or after 12 months if both offenses within a five-year period with SR22 insurance required; IID, vehicle immobilization, or vehicle seizure; if seizure occurs, vehicle title must be surrendered to the Clerk of Courts (stamping it saying the vehicle cannot be transferred to another party without prior court approval); failure to do so could result in $500 fine; required to complete alcohol assessment

 

Wyoming DUI

 

• .08% BAC
• .04% BAC commercial drivers
• .02% BAC under 21
• Anti-plea bargaining laws means prosecutors cannot reduce or dismiss DUIs without court filing
• Senate Bill 88 imposes penalties on people who aid drivers in disabling/defeating an IID;  anyone convicted of aggravated homicide while operating/driving a vehicle will not receive an IID-restricted license
• Senate File 19 increases Wyoming’s “look-back” period from five to ten years
• DUIs trigger a criminal court case and an administrative case with the DoT
• Criminal case determines jail time, fines and other punishments; the administrative case determines driver’s license impact; administrative case precedes criminal case
• First DUI: Up to six months jail, or up to $750 fine, or both; substance abuse assessment required;  if .15% BAC or above, IID required and 90-day license suspension
• Second DUI: Seven days - six months jail, $250-$750 fine, one-year IID installation, substance abuse assessment, and one-year license suspension
• Third DUI: 30 days - six months jail, $750-$3,000 fine, two-year IID, substance abuse assessment, and three-year license suspension; possible probation, in-patient treatment program, and/or alcohol education program.
• Fourth DUI: Within five years of prior conviction is felony, up to two years jail, up to $10,000 fine, lifetime IID installation (may be petitioned after five years), lengthy license suspension, possible probation, in-patient treatment program, substance abuse assessment, and/or an alcohol education program