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What are the penalties for Alcohol-related or Drug-related Violations?

Penalties for Alcohol-related and Drug-related Violations
Violation Mandatory Fine (1) Maximum
Jail Term		 Mandatory Driver License Action (2)
Driving While Intoxicated (DWI) $500 - $1,000 1 year Revoked for at least six months
Second DWI violation in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year
Third DWI violation in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year
Driving While Ability Impaired (DWAI) $300 - $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 - $750 30 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $300 civil penalty ($350 for commercial drivers) None Revoked for at least six months.
Chemical Test Refusal within five years of a previous
DWI-related charge		 $750 civil penalty None Revoked for at least one year.
Chemical Test Refusal -
Zero Tolerance Law		 $300 civil penalty and $50 re-application fee None Revoked for at least one year.
Chemical Test Refusal -
Second or subsequent Zero Tolerance Law		 $750 civil penalty and $50 re-application fee None Revoked for at least one year.
Driving Under the Influence - (Out-of-State) N/A N/A Revoked at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).
  1. Surcharges are added to misdemeanors ($160) and felonies ($270).
  2. The driver license penalties for drivers under the age of 21 and for professional drivers are different.
WHAT IS THE "ZERO TOLERANCE" LAW?

This law makes it illegal for a driver under age 21 to have consumed any alcohol. A police officer may temporarily detain you to request or administer a chemical test to determine your Blood Alcohol Content (BAC). If your BAC is .02 to .07 percent, you will be notified to appear at a DMV hearing. If the judge's finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee.

NOTE: If your BAC is .05 percent or greater, the police may charge you with driving while ability impaired (DWAI) or driving while intoxicated (DWI), and may prosecute your arrest in criminal court.

 

DRIVING WHILE INTOXICATED
DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication)
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION
1st Offense
(Misdemeanor)		 Minimum $500
Maximum $1,000		 Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 5 years
(Class E Felony)		 Minimum $1,000
Maximum $5,000		 Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
3rd Offense or more
Within 5 years
(Class D Felony)		 Minimum $2,000
Maximum $10,000		 Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
2nd Offense
Within 10 years
(Class E Felony)		 Minimum $1,000
Maximum $5,000		 Up to 4 Years Minimum 1-Year Revocation
3rd Offense or more
Within 10 years
(Class D Felony)		 Minimum $2,000
Maximum $10,000		 Up to 7 Years Minimum 1-Year Revocation
DRIVING WHILE ABILITY IMPAIRED
DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION
1st Offense
(Traffic Infraction)		 Minimum $300
Maximum $500		 Up to 15 Days 90-Day Suspension
2nd Offense
Within 5 years
(Traffic Infraction)		 Minimum $500
Maximum $750		 Up to 30 Days Minimum 6-Month Revocation
3rd Offense
Within 10 years
(Misdemeanor)		 Minimum $750
Maximum $1,500		 Up to 180 Days Minimum 1-Year Revocation
if current violation occurred within 5 years of previous violation
ZERO TOLERANCE
Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])
CIVIL PENALTY LICENSE ACTION ADDED FEE
1st Offense Minimum $125 6-Month Suspension $100 Suspension Termination Fee
2nd Offense Minimum $125 1-Year Revocation or until age 21, whichever is longer $100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** The Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test.