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What are the penalties for driving under the influence (DUI)?

State laws vary so the penalties for driving under the influence will depend upon where you have committed the offense and also if it is your first, second or subsequent offense for operating a vehicle under the influence.

In general, a conviction for drunk driving or driving under the influence (DUI) will have penalties such as a large fine and driver's license and/or registration suspension. When reinstating the license after the suspension period the driver will then normally be required to file a SR-22 which is a financial responsibility certificate.

For example below are the some of the penalties the state of Illinois imposes on a person convicted of driving under the influence.

Penalties for DUI in Illinois vary depending upon the circumstances of the arrest and conviction, including age of the driver, driver's BAC level, whether children were being transported and whether the driver had previous DUI convictions.

For a first conviction if you are under age 21 it is a Class A misdemeanor with penalties of up to 12 months imprisonment; loss of driving privileges for minimum 2 years; 100 hours community service and fines of up to $2,500. The driver may be eligible for Restricted Driving Permit (RDP) after one year of revocation but maybe required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in vehicle as part of driving relief.

For a first conviction for a driver over age 21 it is a Class A misdemeanor with penalties of up to 12 months imprisonment; loss of driving privileges for minimum 1 year; 100 hours community service and fines of up to $2,500. The driver will be eligible for RDP but may be required to have a BAIID installed in vehicle as part of driving relief.

A second conviction for a DUI is again a Class A misdemeanor with possible 0-12 months imprisonment; fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief plus loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.

If the second conviction is within five years of first conviction the penalties are even harsher. These penalties include: mandatory 5 days in jail or 40 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); fines of up to $2,500; eligible for RDP after one year of revocation and required to have a BAIID installed in vehicle as part of driving relief.

There are other penalties that will affect drivers in IL that are convicted of a DUI. These penalties include the DUI conviction becoming a permanent part of the offender's driving record, the vehicle possibly being impounded or seized and the driver being required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before his/her driving privileges are reinstated.

The violator's vehicle registration will also be suspended or revoked and when the person's driving privileges and registration are reinstated he or she will be required to carry high risk auto insurance for 36 consecutive months. There are even more penalties available for an IL court to hand down if a driver is convicted of what they refer to as "extreme influence of alcohol."

To find out what your specific state's penalties are a person convicted of driving under the influence contact your Department of Motor Vehicles.

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This car insurance question was asked on 1/20/2008
This auto insurance answer was last updated on 1/24/2008
Jon requested this car insurance solution.
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