Detailed DUI Laws: State of Connecticut, USA

Posted on 4th January 2012 in DWI / DUI Laws
Driving Under the Influence (DUI)
   In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense.  This offense may be prosecuted with or without any direct evidence of a person’s BAC.  The determining factor is whether a person’s ability to drive has been impaired.
If You are Arrested for DUI:
  • You will be detained by the police and read your rights.
  • Your vehicle will be towed at your expense.
  • You will be taken in a police cruiser to the police station.
  • If the test registers a BAC of .08 or higher, you will be held on the presumption that you were operating under the influence.
  • You will be kept in a police lock-up until you are bailed out. Click here to read more.. »
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DUI Laws: Illinois DUI Law / DWI Law

Posted on 27th December 2010 in DWI / DUI Laws

First Illinois DUI Conviction

Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration.

  • • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
  • • If committed while transporting a child under age 16 — In addition to any penalties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
  • • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Illinois DUI Conviction

Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.

  • • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.
  • • If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000).
  • • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Illinois DUI Conviction (Aggravated DUI)

Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.

  • • If committed with BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
  • • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Illinois DUI Conviction (Aggravated DUI)

Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Illinois DUI Conviction (Aggravated DUI)

Class 1 felony (possible imprisonment of 4-15 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Illinois DUI Conviction (Aggravated DUI)

Class X felony (possible imprisonment of 6-30 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

  • • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
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Detailed DUI Laws: California DUI Law / DWI Law

Posted on 26th December 2010 in DWI / DUI Laws

California DUI Laws

  • VC 13352.3: Person under 18 years of age, convicted of 23152 or 23153. Penalty: In addition to other penalites (23140), driver license revocation until age 18, or one year, or specified terms outlined in VC 13352, whichever is longer.
  • VC 23136: It is unlawful for persons under 21 years of age to drive with a BAC of .01 or more. Penalty: Administrative license revocation, suspension or delay of issuance. Note: This penalty is administrative only.
  • VC 23140: It is unlawful for persons under 21 years of age to drive with a BAC of .05 or more. Penalty: In addition to other penalties (23152), may be ordered to attend a Youthful Drunk Driver Visitation Program. Note: Constitutes Driving Under the Influence (DUI).
  • VC 23152 (a & b): Driving under the influence of alcohol (BAC .08 or more, or .04 or more while driving a commercial vehicle) or drugs. Penalty:1st Offense – 96 hours ( at least 48 of which shall be continuous) – 6 months county jail, fine, 6 months license suspension, probation, treatment program; 2nd Offense – 96 hours to 1 year county jail, fine, 24 months license suspension, probation, treatment program; 3rd Offense – 120 days to 1 year county jail, fine, 3 years license revocation and determination as a habitual traffic offender, probabion, treatment program; 4th Offense – (see VC 23550)
    Note: Court may order the installation of an Ignition Interlock Device (IID) for up to 3 years and shall give heightened consideration to those with BAC of .20 or more.
  • VC 23153 (a & b): Driving under the influence of alcohol (BAC .08 or more, or .04 or more while driving a commercial vehicle) or drugs and causing bodily injury. Penalty: 1st Offense – 90 days to 1 year county jail, or state prison, 1 year license suspension/revocation, probation, treatment program; 2nd Offense – 120 days to 1 year county jail, or state prison, fine, 3 years license revocation, probation, treatment program; 3rd offense – 120 to 1 year county jail, fine, 3 years license revocation and determination as a habitual traffic offender, probation, treatment program; 4th Offense – (see VC 23550)Note: Court may order the installation of an Ignition Interlock Device (IID) for up to 3 years and shall give heightened consideration to those with BAC of .20 or more.
  • VC 23220: No person shall drink any alcoholic beverage while in a motor vehicle.
  • VC 23222(a): No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway, any alcoholic beverage which has been opened.
  • VC23222(b): Every person who possesses, while driving a motor vehicle upon a highway, not moe than one avoirdupois once of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety COde, is guilty of a misdemeanor.
  • VC23223: No person shall have in his or her possession on his or her person, while in a motor vehicle upon a highway, any alcoholic beverage which has been opened.
  • VC 23224: No person under the age of 21 shall knowingly drive a motor vehicle carrying any alcohollic beverage, for the purpose of transportation of the alcoholic beverage, unless the person is accompanied by a a parent or responsible aldult relative, or designee, or is employed by a licensee under the ABC and driving in the course of employment. Penalty: Loss of license, possible vehicle impoundment for 1 to 30 days.
  • VC 23550: Fourth convicted DUI offense within 7 years. Penalty: 180 days to 1 year county jail, or 16 months, 2, 3 years state prison. Note: Considered a “wobbler.” May be charged as a misdemeanor or felony at the discretion of the prosecutor.
  • VC 23550.5: If charged with 23152 or 23153 within 10 years of a prior 23152 or 23153 that was punished as a felony, or PC 191.5 or 192(c)(3). Penalty: May be charged as a felony. Up to 1 year county jail or state prison, up to $1,000 fne, license revocation, habitual traffic offender.
  • VC 23558: Penalty enhancement for causing death or serious injury and injuring more than one person while driving under the influence and convicted of the offense. Penalty: One additional year per injured victim; 3 years maximum.
  • VC 23572: Penalty enhancement for a conviction of 23152 with a minor under 14 years of age in the vehicle. Penalty: 1st Offense – additional 48 hours county jail; 2nd Offense – additional 10 days county jail; 3rd Offense – additional 30 days county jail; 4th Offense – additional 90 days county jail. Note: May also be charged as Felony Child Endagerment under PC 273(a).
  • VC 23577: Penalty enhancement for refusal to submit to , or willful failure to complete, a chemical est. Penalty: 1st Offense (23152 or 23153) – same as penalties for 23152 or 23153; 2nd Offense (23152 or 23153) – additional 96 hours county jail; 3rd Offense (23152) – additional 10 days county jail; 4th Offense (23152) – additional 18 days county jail.
  • VC 23582: Penalty enhancement for 23152 or 23153 while also driving 30 or more mph over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more mph over the maximum prima facie, or posted speed limit on any other street or highway. Penalty: Additional consecutive term of 60 days county jail, alcohol/drug treatment program.
  • VC 23592: Vehicle impoundment if registered owner convicted of 23152 and causing a collision, or 23153, PC 191.5 or 192(c)(3). Penalty: Court may impound vehicle for up to 6 months for 1st offense; up to 12 months for 2nd or subsequent offenses. Note: Impoundment is left to the judge’s descretion, and not imposed if the vehicle is the sole vehicle of the family or community property and shared by the offender’s spouse.
  • VC 23594: Vehicle impoundment if registered owner convicted of 23152 with no collision. Penalty: Court may impund vehicle for 1-30 days. Note:Impoundment is left to the judge’s discretion, and not imposed if the vehicle is sole vehicle of the family or community property and shared by the offender’s spouse.
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