Last Updated 9th of March, 2010
What is the DUI penalty for a third DUI conviction?
This grid below lists, by state, the kinds of penalties you can expect upon a third DUI or DWI conviction.
Use the grid as a reference, but note that it’s best to consult a DUI lawyer if you’ve been arrested for drunk driving. DUI laws vary from state to state and offense to offense, but sometimes they also vary from individual case to individual case. For example, your state might list jail time as a third-offense DUI penalty, but that doesn’t necessarily mean it’s mandatory – it might be up to the judge and, in some states, the judge can substitute jail time with home confinement.
It’s also good to have an attorney who specializes in DUI and DWI cases present in order to discuss with the judge the possibility of a hardship license or participation in an ignition interlock program (some states actually require ignition interlock systems if you want to drive) or if you find third-offense DUI arrests are felonies, and not misdemeanors, in your state.
Use the grid as a reference, but note that it’s best to consult a DUI lawyer if you’ve been arrested for drunk driving. DUI laws vary from state to state and offense to offense, but sometimes they also vary from individual case to individual case. For example, your state might list jail time as a third-offense DUI penalty, but that doesn’t necessarily mean it’s mandatory – it might be up to the judge and, in some states, the judge can substitute jail time with home confinement.
It’s also good to have an attorney who specializes in DUI and DWI cases present in order to discuss with the judge the possibility of a hardship license or participation in an ignition interlock program (some states actually require ignition interlock systems if you want to drive) or if you find third-offense DUI arrests are felonies, and not misdemeanors, in your state.
| License Suspension | Fines | Jail | Rehab/Counseling | Community Service | |
|---|---|---|---|---|---|
| Alabama | x | x | x | ||
| Alaska | x | x | x | x | |
| Arizona | x | x | x | x | x |
| Arkansas | x | x | x | ||
| California | x | x | x | x | |
| Colorado | x | x | x | x | x |
| Connecticut | x | x | x | x | |
| Delaware | x | x | x | x | |
| Florida | x | x | x | ||
| Georgia | x | x | x | x | x |
| Hawaii | x | x | x | ||
| Idaho | x | x | x | ||
| Illinois | x | x | x | ||
| Indiana | x | x | x | ||
| Iowa | x | x | x | ||
| Kansas | x | x | x | x | |
| Kentucky | x | x | x | x | x |
| Louisiana | x | x | x | x | |
| Maine | x | x | x | ||
| Maryland | x | x | x | x | |
| Massachusetts | x | x | x | ||
| Michigan | x | x | x | x | |
| Minnesota | x | x | x | x | |
| Mississippi | x | x | x | x | |
| Missouri | x | x | x | ||
| Montana | x | x | x | ||
| Nebraska | x | x | x | ||
| Nevada | x | x | x | ||
| New Hampshire | x | x | x | ||
| New Jersey | x | x | x | x | x |
| New Mexico | x | x | x | x | x |
| New York | x | x | x | ||
| North Carolina | x | x | x | ||
| North Dakota | x | x | x | x | |
| Ohio | x | x | x | ||
| Oklahoma | x | x | x | ||
| Oregon | x | x | x | ||
| Pennsylvania | x | x | x | x | |
| Rhode Island | x | x | x | x | |
| South Carolina | x | x | x | x | |
| South Dakota | x | x | x | ||
| Tennessee | x | x | x | x | |
| Texas | x | x | x | ||
| Utah | x | x | x | x | x |
| Vermont | x | x | x | x | |
| Virginia | x | x | x | ||
| Washington | x | x | x | ||
| West Virginia | x | x | x | x | |
| Wisconsin | x | x | x | x | |
| Wyoming | x | x | x | x | |
| Washington DC | x | x | x | x |
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