US Drunk Driving – Criminal Status Laws Resources in United States
US Drunk Driving – Criminal Status Laws Resources
as of July 2003
State | Citation | Status |
Alabama | §32-5A-191(e), (f),(g) & (h) | 4th or subsequent offense is a class C felony
(fewer offenses not classified) |
Alaska | §§12.55.035, 122.55.125, 12.55.135 & 28.35.030(b) | 1st and 2nd offenses are class A misdemeanors
3rd or subsequent offense within 5 years is a class C felony |
American Samoa | §§22.0707 &46.2301(5) | all DUI offenses are class A misdemeanors |
Arizona | §§13-604, 13-701, 13-707, 13-801, 13-802, 28-1382 & 28-1383 | 1st and 2nd offense are class 1 misdemeanors
3rd or subsequent offense is a class 4 felony |
Arkansas | §§5-65-111 & 5-65-112 | 4th or subsequent offense within 5 years is a felony
(fewer offenses not classified) |
California | Vehicle Code §§23152, 23550, & 40000.15 | non-injury DUI offenses are generally misdemeanors, a 4th or subsequent offense is a felony if offender is sentenced to incarceration in a state prison |
Colorado | §§18-1.3-401 & 18-3-205 | DUI and impaired offenses are misdemeanors, injury-related DUI offenses are class 4 felonies |
Connecticut | §§14-227a(h), 53a-25 & 53a-26 | 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies |
Delaware | 11 §4202(b), 21 §§4177(d) & 4177B(e)(2) | 1st and 2nd offenses are unclassified misdemeanors, 3rd is a class G felony, 4th or subsequent is a class E felony |
DC | DUI offenses are not classified | |
Florida | §§316.193 & 775.082 | 1st and 2nd offenses are misdemeanors, 3rd or subsequent offense is a 3rd degree felony |
Georgia | §40-6-391(c) & (k) | 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are high and aggravated misdemeanors |
Guam | Title 9 §§80.34, 1.19(b) & 80.30(c), and Title 16, §§18104, 18105, 18106 | 1st and 2nd non-injury DUI offenses are misdemeanors, 3rd and subsequent non-injury DUI offenses and any injury-related DUI offenses are third degree felonies |
Hawaii | §§ 291E-61, 701-107(5) & 706-660 | 1st, 2nd and 3rd offenses are petty misdemeanors, 4th or subsequent offense is a class C felony |
Idaho | §§18-8004C(1)(a) &(2)(a), 18-8005 & 18-8006 | 1st and 2nd offenses are misdemeanors, 2nd or subsequent offense with BAC = .20 is a felony, 3rd or subsequent offenses are felonies, DUI with bodily harm or disfigurement is a felony |
Illinois | 625 ILCS 5/11-501 and
730 ILCS 5/5-8-1(a)(7) & 5-8-3(a)(1) |
1st and 2nd offenses are class A misdemeanors, 3rd and subsequent offenses are class 4 felonies |
Indiana | IC9-30-5-1 et seq., IC35-50-2 6 & 7, & IC35-50-3-2, et seq. | Illegal per se offense with a BAC of .10 to .15 is a class C misdemeanor; with a BAC of .15 and higher, it is a class A misdemeanor; for subsequent convictions within 5 years, it is a class D felony. |
Iowa | §§321J.2(2) & (3), 707.6A(3), 902.9, 903.1 & 907.3(3)(c) | 1st offense is serious misdemeanor, 2nd offense is aggravated misdemeanor, 3rd or subsequent offense is class D felony |
Kansas | §§8-1567(d), (e) (f) & (k)(3), & 21-4502(1) | 1st offense is class B non-person misdemeanor, 2nd offense is a class A non-person misdemeanor, 3rd or subsequent offense is a non-person felony |
Kentucky | §§189A.010(5), 532.020 & 532.060 | 1st offense is a class B misdemeanor, 2nd offense within 5 years is a class A misdemeanor, 3rd offense within 5 years with a BAC under .18 is a class A misdemeanor, 3rd offense with a BAC of .18 or higher is a class D felony; 4th and subsequent offenses are class D felonies |
Louisiana | §14:98 | 1st and 2nd offenses not classified, 3rd offense can be either a misdemeanor or felony, 4th offense is a felony |
Maine | 17-A MRSA §1252, and 29-A MRSA §2411 (5)(D) | 1st, 2nd and 3rd offenses are class D crime, 4th or subsequent offenses are class C crime |
Maryland | Trans. §§21-902, 27-101 et seq., & 27-102 | all DUI offenses are misdemeanors |
Massachusetts | Ch. 90 §24(1)(a) & Ch. 274 §1 | 1st and 2nd offenses are unclassified, 3rd and subsequent offenses are felonies |
Michigan | §257.625(8) & (10) | 1st and 2nd offenses are misdemeanors, 3rd or subsequent offenses are felonies |
Minnesota | §§169A.20, et seq. | 1st offense is a misdemeanor, 2nd and 3rd offenses are gross misdemeanors, and 4th offense within 10 years is a felony |
Mississippi | §§63-11-30(2)(a) (b) & (c) | 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies |
Missouri | §§577.010, 577.012, 577.023, 558.011 & 560.016 | 1st intoxication offense is a class B misdemeanor, 1st per se offense is class C misdemeanor, 2nd offenses are class A misdemeanors, 3rdor subsequent offenses are class D felonies |
Montana | §§61-8-401, 61-8-711(1), 61-8-714, 61-8-731 & 61-8-734 | 1st, 2nd and 3rd offenses are misdemeanors, 4th and subsequent offenses are felonies |
Nebraska | §§28-105, 28-106, 60-6,196 & 60-6,198 | 1st and 2nd offenses and 3rd offense within 12 years are class W misdemeanors; 4th and subsequent offenses within 12 years are class IV felonies; injury related DUI offenses are class IIIA felonies |
Nevada | §§193.120 & 484.3792 | 1st and 2nd offenses are misdemeanors, 3rd or subsequent offenses are category B felonies |
New Hampshire | §§265:9 IV(A), 265:82 et.seq., & 651:2I(c) | 1st – 3rd non-injury DUI offenses are misdemeanors, 4th or subsequent non-injury DUI offenses are felonies, and DUI with serious bodily injury is a class B felony |
New Jersey | State v Hamm 577 A.2d 1259 (NJ 1990) | drunk driving is not a “crime” |
New Mexico | §§31-18-15 & 66-8-101 | 4th offense is a 4th degree felony (fewer offenses not classified) |
New York | V&T Law §§1192 & 1193(1)(c) | impaired offenses: 1st offense is a traffic infraction, 2nd and subsequent offenses are misdemeanors.
per se offenses: 1st offense is a misdemeanor, 2nd offense within 10 years is a class E felony, 3rd offense within 10 years is a class D felony |
North Carolina | §20-138.5 | 4th or subsequent offense is a class F felony, fewer offenses are classified as levels 1-5, based on length of sentence |
North Dakota | §§12.1-32-01 & 39-08-01 (2) & (4) | 1st and 2nd offenses are class B misdemeanors, 3rd and 4th offenses are class A misdemeanors, 5th and subsequent offenses are class C felony |
Ohio | §§2929.14, 2929.16, 2929.18(B)(3), 2929.19(C), 2929.21 & 4511.99(A) | 1st and 2nd offenses are 1st degree misdemeanors, 3rd offense is a misdemeanor, subsequent offenses are 4th degree felonies |
Oklahoma | 47 §11-902 | 1st offense is a misdemeanor, 2nd and subsequent offenses are felonies |
Oregon | §§813.010(4) & (5), 161.605(3) & 161.615(1) | 1st, 2nd and 3rd offenses are class A misdemeanors, 4th and subsequent offenses are class C felonies |
Pennsylvania | 18 § 1104(1) & (2) &
75 §3731(e)(1) |
1st or 2nd offenses are 2nd degree misdemeanors, 3rd or subsequent offenses are 1st degree misdemeanors |
Puerto Rico | 9 §1042 | non-injury DUI offenses are misdemeanors, 1st and 2nd injury DUI offenses are misdemeanors, 3rd or subsequent injury DUI offenses are felonies |
Rhode Island | §§11-1-2 & 31-27-2.6 | non-injury DUI offenses are misdemeanors, DUI with serious bodily injuries are felonies |
South Carolina | §§16-1-10, 16-1-20, 16-1-90(F), 16-1-100(A) & (C) & 56-5-2940 | 1st offense is a misdemeanor, 2nd offense is a class C misdemeanor, 3rd offense is a class A misdemeanor, 4th and subsequent offenses are class F felonies |
South Dakota | §§22-6-1, 22-6-2, 32-23-2 et seq. | 1st and 2nd offenses are class 1 misdemeanors, 3rd offense is a class 6 felony, 4th and subsequent offenses are class 5 felonies |
Tennessee | §§ 40-35-111 and 55-10-403 | 1st offense is a class B misdemeanor, 2nd and 3rd offenses are class A misdemeanors, 4th and subsequent offenses within 10 years is a class E felony |
Texas | Penal Code §§12.21, 12.22, 12.34, 49.04 & 49.09 | 1st offense is a class B misdemeanor, 2nd offense within 10 years is a class A misdemeanor, subsequent offenses are 3rd degree felonies |
Utah | §§41-6-44 (3), (6) & (7) | 1st and 2nd offenses are class B misdemeanors, 3rd and subsequent offenses are 3rd degree felonies |
Vermont | 13 §1 & 23 §1210 | 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies |
Virginia | §§18.2-10(f), 18.2-11(a) & 18.2-270 | 1st offense and 2nd offenses within 10 years are class 1 misdemeanors, 3rd offense within 10 years is a class 6 felony. |
Virgin Islands | 14 §2(b)(1), 20 §493(b) & 20 §544(b) | 1st offense is a misdemeanor, subsequent offenses are felonies |
Washington | §§ 9A.20.021, 46.61.502(5) & 46.61.504(5) | all DUI offenses are gross misdemeanors |
West Virginia | §17C-5-2 | 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies |
Wisconsin | §§346.63(1) & (2), 346.65(2), 346.65(3m), 939.50 & 940.25 | non-injury DUI offenses are civil convictions, injury-related DUI offenses are class D or class F felonies |
Wyoming | §§6-10-101 & 31-5-233(e), (g) & (h) | non-injury DUI offenses are misdemeanors, 1st injury-related DUI offense is a misdemeanor, 2nd or subsequent offenses are felonies |
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