ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

What kind of penalty am I likely to get for drunk driving?

Consult a lawyer in your state because penalties vary widely and depend on several factors, such as whether you are a repeat offender. A number of states require minimum penalties for a first-time offender, which might involve enrollment in an alcohol treatment program and a license suspension of a month or several months. A second-time offender might suffer a two-year license suspension or revocation of license. Some states impound the license plates or vehicles of habitual drunk drivers, and others revoke the licenses of habitual offenders.

This is an extremely volatile area of the law. Jail terms for first offenders are more common than they used to be. Community service and enrollment in mandatory alcohol programs, as well as heavy fines, are regularly doled out by courts in various combinations as a result of changing public perceptions about drunk driving.