Driving under the influence, also commonly referred to as a “DUI,” refers to the criminal act of a person operating a motor vehicle while they are under the influence of a mind-altering substance. One of the most commonly cited mind-altering substances when it comes to a DUI is alcohol. However, the mind-altering substance can be any substance that is known to impair a person’s motor skills.
Examples of other common mind-altering substances include, but are not limited to:
- Illicit or illegal drugs, such as heroin, cocaine, PCP, etc.;
- Cannabis or weed;
- Prescription medications, such as painkillers, sleep aids, muscle relaxers, etc.; and
- Any over-the-counter medicines that could cause impairment, specifically antihistamines.
It is important to note that many states maintain different classifications for DUIs, such as alcohol, illegal drugs, or over-the-counter medicine. In fact, other common terms for DUI can include:
- DWI: Driving While Intoxicated;
- OUI: Operating Under the Influence; and
- OMVI: Operating a Motor Vehicle Intoxicated.
Because Driving under the influence of an intoxicant is dangerous, many states will generally enforce considerably strict criminal penalties for drivers found to violate DUI laws of their state. Additionally, any person who is a repeat DUI offender will receive much harsher criminal penalties than that of a first-time offender.
What Is a Repeat Offender?
A repeat offender, also known as habitual offender, is someone that has been convicted of more than one crime. A repeat offender generally continues to commit the same criminal offense over and over after being criminally punished.
However, the term repeat offender may also be used to describe someone who simply continues to commit crimes in general. Depending on state statutes, as well as the type of crime that is being repeated, repeat offenders can expect greater criminal penalties than a first time criminal offender would reasonably expect.
Habitual offender statutes are criminal sentencing statutes that are intended to reduce the rate of repetitive criminal activity by increasing the punishment for committing the same crime. In other words, the habitual offender statutes are intended to reduce repeat offenders by providing intense compliance requirements in regards to parole and probation, when the offender commits the same crime again.
There are some states that target an offender who has committed any second crime, regardless of whether it was the same type of offense. These habitual offender statutes typically provide additional legal penalties once an offender has reached the statutory number of criminal offenses for a specified period of time.
What Are DUI/DWI Penalties for Repeat Offenders?
In most states, a DUI/DWI charge will often result in a criminal misdemeanor charge.This means that the penalties for a DUI or DWI will typically consist of monetary fines, a county jail sentence of less than 1 year, or a combination of both.
However, repeat offenders will usually face more severe penalties if they are convicted of a second or more DUI or DWI charge. In most cases, repeat offenses can expect to have the criminal charges brought against them elevated to a felony charge.
A felony DUI/DWI conviction for a repeat offender will carry more severe penalties than that of a misdemeanor conviction. A repeat offender convicted of a DUI/DWI can expect a prison sentence of no less than one year, more severe criminal fines, or a combination of both.
Additionally, a repeat offender may also receive other criminal sentences, such as court-ordered treatment or counseling sessions. Further, many state laws provide enhanced punishments if certain aggravating factors are present in the repeated offense. For example, a court may temporarily suspend or permanently revoke a person’s driver’s license if they are convicted of a second drunk driving violation in California.
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How Do States Punish DUI/DWI Repeat Offenders?
As mentioned above, each state has its own set of criminal laws regarding how a criminal sentence for a DUI/DWI charge may be enhanced if the offender is found to be a repeat offender.
The following is a summary of how states may punish drivers that are convicted of a DUI/DWI and found to be repeat criminal offenders:
California
A first time DUI conviction in California is considered a misdemeanor, which carries the following penalties:
- Driver’s license suspension for six months;
- Criminal fines and fees;
- Completion of a DUI education program; and
- Possible probation;
A second DUI Conviction in California, which is within ten years of the first conviction, will result in the following enhanced penalties:
- The repeat offender’s license will be suspended for one year; and
- Additional penalties may include increased criminal fines, mandatory DUI school, and probation.
A third DUI Conviction in California within ten years of the first conviction will result in the following enhanced penalties:
- The repeat offender’s license will be suspended for three years;
- The repeat offender may have to install an ignition interlock device; and
- The repeat offender may receive increased prison time.
Florida
A person in Florida that is convicted of DUI/DWI will typically receive a fine between $500 and $1,000, a license suspension of up to one full year, or a maximum jail sentence of up to six months or an alternative criminal sentence of probation and DUI courses instead.
Depending on the circumstances, a second offense may result in increased fines between $1,000 and $2,000, a jail sentence of up to nine months, or installing an ignition interlock device on one’s motor vehicle.
Upon a third violation, a fine of up to $5,000 can be imposed and a prison sentence of up to five years.
Illinois
In general, Illinois residents that are convicted of a first time DUI offense may receive a criminal fine of up to $2,500, a jail sentence of up to one year, or a suspension of their license for up to three months.
The punishment for a second DUI offense is a minimum of five days imprisonment, up to 240 hours of community service, a fine of up to $2,500, vehicle impoundment, and installation of an ignition interlock device.
If a person is then convicted a third time, fines can reach $25,000, licenses can be revoked for a minimum of ten years, vehicles can be impounded, and prison sentences can range from three to seven years.
New York
The state of New York divides its criminal penalties by the type of drunk driving offense, which can be one of three categories: DUIs, DWIs, and DWAIs (driving while ability impaired by drugs, alcohol, or both).
Upon conviction for DUI/DWI, a first-time offender in New York may be criminally fined anywhere between $500 and $1,000, sentenced to jail for up to one year, or have their license suspended for at least six months. A first-time offense for DWAI will also result in the same penalties as the others unless aggravating factors are present.
A second DWAI conviction may result in jail time of up to thirty days, license revocation of at least six months, or criminal fines between $500 and $750. The second offense of DUI/DWI may be punishable by up to four years imprisonment, thirty days of community service, criminal fines ranging from $1,000 to $5,000, or a one-year license suspension.
For a third time conviction of a DWAI offense, a person’s license is permanently revoked. The penalties for a third DUI/DWI conviction can range from $2,000 to $10,000 in criminal fines, up to seven years in prison, or revocation of one’s license.
Texas
In Texas, drunk driving offenses are referred to as DWIs. A first-time DWI violation in Texas can result in a maximum jail sentence of up to 180 days, a criminal fine of up to $2,000, and suspension of one’s driver’s license for anywhere between 90 days to up to one full year.
A second DWI conviction can result in a jail sentence of up to one year, a criminal fine of up to $4,000, and a suspension of one’s driver’s license of 180 days to two years.
A third DWI conviction in Texas, will result in the repeat offender facing criminal penalties of two to ten years in prison, criminal fines of up to $10,000, and a two-year license suspension. Additionally, a Texas court may also order a repeat offender to install an ignition interlock device.
Do I Need an Attorney for Help With DUI/DWI Repeat Offender Charges?
If you are facing habitual offender charges involving a DUI or DWI, it is in your best interests to immediately consult with an experienced DUI/DWI attorney. An experienced attorney can review your state’s laws regarding repeated DUI/DWI offenses, and determine whether there is an enhancement statute that could be used against you.
As can be seen, repeated offender charges often come with longer jail sentences and heavier fines. An attorney can ensure that your legal rights are protected, and help you build a solid legal defense to the charges being brought against you.
Additionally, an attorney can also assist you in having the criminal sentence against you reduced. An attorney will also be able to help you timely raise any legal defenses that may have the charges brought against you reduced or dismissed. Finally, an attorney can also represent you at any in person criminal proceeding.
