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DUI/DWI Penalties for Repeat Offenders

In a DUI/DWI charge, the higher the amount of intoxication found, the more severe the penalty.  The same is true for repeat offenders, who are people with two or more convictions for DUI/DWI­ within a set number of years.  Many states escalate the punishment for repeat offenders, changing the offense to a felony.  A repeat offender often will incur harsher fines, mandatory education and preventive programs, and will certainly be sentenced to a number of days in jail.

Additional Criminal Law Penalties for Repeat Offenders

The penalties that a repeat drunk driving offender can face also include:

State law varies as to the severity of punishment for repeat DUI/DWI offenders.  The following are some examples of how states deal may with multiple drunk driving offenses: 

 California

  • 1st drunk driving offense - License suspension or revocation for 4 months
  • 2nd drunk driving offense - License suspension or revocation for 1 year.  Ignition interlock if convicted of driving on a DUI-suspended driver license or by judge's discretion
  • 3rd drunk driving offense - License suspension or revocation for 1 year.  Vehicle Confiscation.  Ignition interlock 

 Florida

  • 1st drunk driving offense - License suspension or revocation for 6 months
  • 2nd drunk driving offense - License suspension or revocation for 1 year.  Ignition interlock
  • 3rd drunk driving offense - License suspension or revocation for 2 years.  Ignition interlock

 Illinois

  • 1st drunk driving offense - License suspension or revocation for 3 months
  • 2nd drunk driving offense - License suspension or revocation for 1 year.  Ignition interlock
  • 3rd drunk driving offense - License suspension or revocation for varied amount of time.  Vehicle Confiscation.  Ignition interlock

 New York

  • 1st drunk driving offense - License suspension or revocation for 6 months
  • 2nd drunk driving offense - License suspension or revocation for 1 year.  Vehicle Confiscation.  Ignition interlock per the judge's discretion
  • 3rd drunk driving offense - License suspension or revocation for 1 year.  Ignition interlock per the judge's discretion 

 Texas

  • 1st drunk driving offense - License suspension or revocation for 3 months
  • 2nd drunk driving offense - License suspension or revocation for 6 months
  • 3rd drunk driving offense - License suspension or revocation for 6 months.  Vehicle Confiscation.  Ignition interlock (in limited circumstances) 

Should I Consult a Lawyer if I'm Being Charged With Another DUI/DWI?

A repeat drunk driving offense is a serious charge that could lead to severe penalties. Contacting a criminal lawyer in your area is a wise decision since an attorney can advise you of your rights and represent you in any criminal proceedings.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 11-07-2016 06:39 PM PST

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