This post focuses on the penalties for “Third Offense” DUI charges – meaning a person’s first charge within a ten (10) year period. If you are looking for other DUI penalty ranges, find your correct link below:

If this is your first charge, please see my post on DUI First Offense Penalties here.

If this is your second charge, please see my post on DUI Second Offense Penalties here.

If this is your fourth charge, please see my post on DUI Fourth Offense Penalties here.

Jail Time

30 – 365 days

With “aggravator” :  60-365 days

Driver’s License Suspension

Driver’s license will be suspended at arraignment

24 – 36 months

With “aggravator” : 24-36 months

Driver not eligible to regain driver’s license until completion of ADE classes.

Look-back Period / Enhancement

Will be used to “enhance” any DUI charge brought against the driver in the ten (10) years following the conviction.

Fines, Fees, and Costs

$500 – $1,000

Drivers must keep in mind other costs and fees added to their total payment. The total amount due typically ends up being between much higher than the fine itself.

Refusal

Driver’s license will be suspended at arraignment.

30 – 120 day license suspension.

It is important to note that a “refusal” (declining to take the test offered by the police) is an “aggravator” on a DUI Third Offense.

Exercise Your Rights

Keep in mind that the prosecution must prove your guilt beyond a reasonable doubt for a DUI charge. A DUI Third Offense charge is a very serious charge and can carry up to a year in jail. It is also important to keep in mind that a “fourth offense” DUI is a felony, making it even more important to try to keep the “third offense” off your record. It is always a good idea to have an experienced attorney review your DUI case to advise you about your best options moving forward. To speak with a DUI lawyer today about your case, call our office at 859-258-2697. We are ready to help!

This post focuses on the penalties for “Second Offense” DUI charges – meaning a person’s second charge within a ten (10) year period (Older DUI convictions will not be counted). If you are looking for other DUI penalty ranges, find your correct link below:

If this is your first charge, please see my post on DUI First Offense Penalties here.

If this is your third charge, please see my post on DUI Third Offense Penalties here.

If this is your fourth charge, please see my post on DUI Fourth Offense Penalties here.

Jail Time

7 – 180 days in jail

With “aggravator”*:  14-180 days in jail

After having served the minimum jail sentence, the offender is usually placed on probation by the judge for up to a year. Within this time, all sentencing requirements such as completion of treatment and payment of fines must be completed by the offender. Failure to comply with these terms can result in jail time.

*Aggravating circumstances or factors that qualify include causing an injury accident (which can also lead to a separate felony charge), speeding, having a passenger under the age of 12, refusing alcohol testing, and having a blood alcohol concentration of .15% or greater.

Driver’s License Suspension

12 – 18 months

With “aggravator”: 12 – 18 months

Driver not eligible to regain driver’s license until completion of ADE classes.

Immediately eligible for issuance of the ignition interlock device.

In the USA Ignition Interlock Program (KIIP), an ignition interlock device is installed into a motor vehicle to prevent the car from starting if intoxicating substances are detected in the driver’s breath.

Look-back Period / Enhancement

Will be used to “enhance” any DUI charge brought against the driver in the ten (10) years following the date you were charged.

Fines, Fees, and Costs

$350 – $500

Drivers must keep in mind other costs and fees added to their total payment.  The total amount due to the Court typically ends up being between $750 and $900.

Refusal

Driver’s license will be suspended at arraignment.

12 – 18 months.

A “refusal” (declining to take the test offered by the police) is an “aggravator” on a DUI Second Offense.

Refusing alcohol testing can also result in the suspension of the offender’s license even after acquittal under USA’s implied consent law.

BONUS: Underage DUI Penalties

Suspended license for 30 days to 6 months
$100 to $500 fine (or 20 hours of community service in lieu of a fine)
If the underage offender’s BAC (alcohol concentration) is 0.08% or higher, they will get the same punishments as someone who is 21 years old or older. If you’ve been arrested for drunk driving at a traffic stop, contact a reputable DUI lawyer in your area.

Exercise Your Rights

There are many ways to attack a drunk driving/DUI charge. Our team of DUI defense lawyers analyzes use various methods to quickly obtain evidence to begin building your legal defense. We recommend every person accused of driving under the influence allow an experienced attorney to look at their case before pleading guilty. The charge is simply too serious to not defend. Because it is a second-offense DUI, you are looking at a substantial amount of jail time. Don’t plead guilty without defending yourself. To speak with a USA DUI defense attorney today about your case, call our law firm office at 859-258-2697. We are ready to help!