If you or someone you know is charged with a DUI, you might be wondering about its legal and financial consequences. Since it’s considered a public safety threat, DUIs are a criminal offense and often come with a lengthy legal process. This article touches on the question of how much a DUI costs, as well as the consequences of first-, second-, and third-time offenses.
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What Is a DUI, and Why Is It So Costly?
DUI is an acronym for Drinking Under the Influence. DUI is considered a criminal offense in most states, often charged as a misdemeanor. You may also encounter it under these acronyms:
- DWI: Driving While Intoxicated
- DUIL: Driving Under the Influence of Liquor
- OWI: Operating While Intoxicated
- OUI: Operating Under the Influence
- OUIL: Operating Under the Influence of Liquor
The above acronyms all refer to operating a motor vehicle or heavy machinery under the influence of some mind-altering substance, usually alcohol.
There’s no real difference among these terms and thus often used interchangeably, though some states classify DUI as a lower level of impairment, while DWI or DUIL refers to more serious offenses.
A DUI charge occurs when a person is found to have a blood alcohol content (BAC) level of over 0.8% for adults, 0.4% for commercial drivers, and 0.2% for minors. People that have a BAC level surpassing 0.15% are considered heavily intoxicated and may incur harsher penalties.
In cases where alcohol isn’t involved, an officer looks for signs of impairment—erratic driving, bloodshot eyes, slurred speech, poor coordination, etc.—and may conduct field sobriety tests or request a blood or urine sample.
If the test confirms the presence of drugs in the system, the person in question will receive a DUI.
Are Field Sobriety Tests Mandatory?
Field sobriety tests, also known as standardized field sobriety tests, are a number of tests used by police officers to determine if a person is intoxicated while driving.
Among these tests include the walk-and-turn test, where the driver takes nine steps along a straight line then turns in the opposite direction, and the one-leg stand test where the driver stands with one foot six inches off the ground. If a driver fails these tests, they may be charged with a DUI.
Field sobriety tests aren’t mandatory, meaning that you have the right to refuse the tests. However, doing so can result in you getting arrested on suspicion of DUI.
It’s a different story with chemical tests like breathalyzers or blood/urine tests. Most states have “implied consent” laws, which means that by driving on public roads, you have already agreed to submit to chemical testing if lawfully requested. Refusing can lead to an automatic license suspension, fines, and a criminal charge.
How Much Does a DUI Cost?
DUI is a costly offense. Depending on the severity, local laws, and whether it’s a first-time or repeated violation, DUI charges can cost between $10,000 to upwards of $30,000 in total. These fees include the costs of court fines, bail, insurance increases, and license reinstatement, to name a few.
Here’s a general breakdown of the expected fees:
Cost Item | Estimated Cost |
Fines | $500 to $2,500, depending on the state and the severity of the offense |
Court costs | $200 to $1,500 |
Bail bonds fees | $100 to $2,500 |
Impound fees and car towing fees | $100 to $1,200 |
Attorney fees | $1,500 to $5,000 |
License reinstatement fees | $75 to $500, depending on the state |
Increased insurance premiums | $4,500 to $10,000 per year |
Court-mandated counseling fees / Alcohol education program fees | $1,000 to $3,000 (Required in many cases, especially for first-time offenders) |
Probation supervisor | $600 to $1,200 |
Ignition interlock devices | $500 to $1,500 |
Alongside these expenses, those charged with a DUI may lose wages due to missed work for court appearances or mandatory programs. Some may even lose their job entirely, especially if driving is a key part of their role or if their employer has strict policies regarding DUIs.
In addition, DUI can lead to a significant increase in insurance premiums because insurance companies consider drivers with a DUI conviction “high-risk” policyholders. The increase can be as high as 50% to 100% of the price.
Can a Lawyer Help Lower the Costs of a DUI?
An experienced DUI lawyer may be able to negotiate reduced penalties, lesser fines, and case dismissals. Experienced lawyers don’t come cheap, however, and the money you spent avoiding penalties may instead go to paying off attorney fees.
That said, hiring a lawyer may save you money in the long term by helping you avoid missing work for court appearances and other issues you may have had to miss work for.
Additionally, some lawyers can prevent a DUI conviction from appearing on your record, which could protect your employment and avoid the consequences of a criminal record (job loss or difficulty finding future employment, deportation, etc.).
Does a DUI Lead to Jail Time?
In most cases, a DUI can lead to jail time. The length of time spent in prison depends on the severity of the case, BAC level, the number of offenses, and local laws. Here’s what to expect:
Offense / BAC Level | Jail Term | Can the Court Suspend Jail? | Probation | Public Service | License Revocation |
First Offense (BAC < 0.15%) | 1 day to 6 months | Yes, with conditions | Up to 2 years | 20 to 40 hours | 6 months to 1 year |
First Offense (BAC > 0.15%) | 5 days to 1 year | No, but the court can grant home detention | Up to 2 years | 40 to 60 hours | 6 months to 1 year |
Second Offense (BAC < 0.15%) | 10 days to 1 year | No, but the court can grant home detention | 3 to 5 years | 30 to 60 hours | 1 to 2 years |
Second Offense (BAC > 0.15%) | 30 days to 1 year | Less likely to be suspended | 3 to 5 years | 40 to 80 hours | 1 to 2 years |
Third Offense (BAC < 0.15%) | 1-3 years (may be mandatory) | Unlikely | Up to 5 years | 50 to 100 hours | 3 years or more |
Third Offense (BAC > 0.15%) | 1-3 years (may be mandatory) | Unlikely | Up to 5 years | 100+ hours | 3 years or more |
Upon sentencing, people charged with DUI often have their licenses revoked for a length of time. The court will also require the defendant to install an Ignition Interlock Device (IID) on their vehicle and use it for at least one year. This device prevents a vehicle from starting until the driver provides a breath sample that meets legal limits (under 0.8%).
Some courts may also ask for the attendance of alcohol and drug education classes, which usually consist of three-hour sessions for 12 weeks. Education classes aren’t paid for by the court and can cost between $1,000 to $3,000 and sometimes more, depending on the program chosen.
Social Consequences of a DUI Charge
Beyond the hefty financial cost, a DUI charge can have a massive impact on a person’s relationships and future job opportunities.
Drinking while under the influence is extremely dangerous and can result in property damage and harm to oneself and others.
The charge can severely limit a person’s career prospects, especially in fields that require a clean driving record or those where employers conduct background checks.
Moreover, non-American citizens risk deportation, visa revocation, or difficulties getting a citizenship following the charge.
FAQs
How long does a DUI conviction stay on your criminal record?
What happens if I don’t have a car for the interlock device?
What is a “wet reckless” charge?
Can a DUI be charged even if I wasn’t driving?