1st Offense DUIs in 2024 (Criminal & Civil Penalties)
1st offense DUIs have a variety of consequences, including fines, loss of driving privileges, and jail time, depending on your BAC and if you caused an accident. Your first DUI charge can also cause your insurance rates to go up, with first-offense DUI insurance rates starting at $112/mo.
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Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
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UPDATED: Oct 28, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Oct 28, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Although most states categorize first-offense DUIs as a misdemeanor, do not underestimate the serious consequences of your first drunk driving arrest or conviction.
What are the possible punishments for drunk driving? When you are charged with your first DUI, you face license suspension, possible jail time, court costs, and more.
Read on to learn more about first-time DUI penalties for drivers facing a Driving Under the Influence of alcohol or drugs charge and the long-term consequences of being a DUI offender.
Need legal help with your first DUI arrest? Enter your ZIP code now.
- A first DUI usually results in license suspension, court costs, and more
- DUIs will raise the cost of your auto insurance substantially
- Hiring a DUI lawyer will help you navigate your DUI charge
First DUI Consequences
What are the consequences of a first DUI offense? Whenever a person picks up their first DUI, they immediately think they will get DUI probation and deferred sentencing because it’s a first DUI offense.
Most first-time DUI offenders do get placed on some type of probation, however, the court can still order you to serve time in county jail as a condition of your probation. Even for misdemeanor offenses, for a first time conviction of DUI you could be required to serve some jail time, depending on the laws of your state for first-time DUI offenses.
In addition to mandatory jail sentences, virtually every state will suspend your license for a period of time, even for your first DUI offense.
Depending on your history, you may be able to apply for an occupational driver’s license or a hardship license so that you can still drive to work and school. Conditions of probation for DUI convictions usually include a substantial fine, court costs, probation fees, and urinalysis fees.
Your total monthly payment for a 1st offense DUI can easily equal a small car payment. For your first DUI conviction you will have to attend and complete drug and alcohol counseling and community service hours as well.
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First DUI Punishment
What is the punishment for a first DUI? Generally, first DUI convictions will be considered a misdemeanor crime, and you will be punished with fines, community service, license suspension, and possible probation for your DUI first-time conviction.
However, first DUI offense penalties can change the level or nature of your charge, resulting in enhanced sentences or penalties. For example, if you have an open container in your vehicle, you may still be charged with a misdemeanor, but your fine will increase, and you may serve jail time for a first DUI with an open container.
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In addition to the criminal nature of a DUI, every DUI has an administrative element that can be just as painful as the charge itself. For example, before conviction, some states’ first DUI laws automatically suspend the licenses of drivers who refuse a DUI breathalyzer test.
Even if your blood alcohol concentration is lower than the legal limit, refusing a blood alcohol level breath test will still get you a suspension. This license suspension is a separate suspension from the one that comes after a DUI conviction.
First-Offense DUI License Suspension
What are the conditions of license suspension for a DUI offense? If you want to quickly regain your license after it was suspended for a DUI, you will have to deal with an administrative law judge and a criminal law judge. Do not drive while your license is suspended. If you are caught driving during the suspension, you will only pick up new criminal charges and more fines beyond your 1st DUI penalties.
Read More: Understanding a DUI Driver’s License Suspension
Some states will also require you to install and pay for an ignition interlock device while your case is pending. The cost for this device can run up to $200 per month. Failure to comply with this condition can result in your DUI bail and bonds being revoked and you being sent back to jail.
How a First-Time DUI Affects Employment and Auto Insurance
How can a first-time DUI change employment and auto insurance? Even a first-time DUI can affect your employment and your auto insurance policy. Because a DUI conviction is part of your criminal history, many employers will run criminal histories and know about your conviction.
Some employers will not employ individuals with DUIs on their records because they view you as a safety risk or their insurance rates could potentially increase.
Will car insurance rates increase after a DUI? Because you are now a risk factor, you can also expect your auto insurance rates to go up as well.
Auto Insurance Monthly Rates Comparison: Clean Record vs. First DUI Offense by Providers
| Insurance Company | Clean Record | DUI |
|---|---|---|
 | $160 | $270 |
 | $151 | $283 |
 | $139 | $193 |
 | $80 | $216 |
 | $174 | $313 |
 | $115 | $237 |
 | $105 | $140 |
 | $86 | $112 |
 | $113 | $167 |
 | $99 | $206 |
If you were in a wreck because of your DUI, and your offense is somehow elevated to a felony, your insurance company may not cover the costs of your accident. Many insurance policies exclude coverage for damages that arise from the commission of a felony, including drunk driving offenses.
Long-Term Consequences of Multiple DUI Offenses
What are the long-term consequences of multiple DUI offenses? Probably the most important aspect of a first-time DUI arrest is the long-term consequences. Even if you are placed on probation and do not receive a final conviction because your sentence was probated or was deferred, your probated sentence will remain on your criminal record and can be used against you later.
If you pick up a second DUI charge, your first DUI will cause the sentences and legal penalties to increase.
States vary, but if there are multiple DUI arrests on your record, then a DUI conviction can be elevated to a felony-level offense. Where you are arrested will control whether your subsequent offenses will be considered a felony level.
Read More: How a DUI Record May Increase Any Future DUI Punishment
For example, in New Mexico, you are not elevated to a felony until your fourth subsequent offense. However, in Texas, your third DUI will be considered a felony. Do not assume that just because your home state would consider your charge a misdemeanor that a state in which you are visiting will do the same.
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Case Studies: First-Time Offender DUI
It’s crucial to understand the potential repercussions of a 1st time DUI offense and seek legal help to navigate the legal process effectively (Read More: Advantages of Hiring a Drunk Driving Attorney). See some common case studies of a 1st DUI offense below.
Case Study #1: Consequences of a First DUI Offense
A first DUI offense can have various consequences, including fines, loss of driving privileges, and even jail time, depending on factors such as blood alcohol concentration (BAC) and involvement in an accident. Additionally, a first DUI charge can lead to increased insurance rates.
Case Study #2: Punishment for a First DUI
While first DUI convictions are typically considered misdemeanors, the punishment can still be significant. Fines, community service, license suspension, and probation are common penalties for a first DUI. However, specific factors, such as having an open container or a child present in the vehicle, can lead to increased fines or a felony offense charge.
Case Study #3: Long-Term Consequences of Multiple DUI Offenses
Repeated DUI offenses can have severe long-term consequences. Multiple DUI arrests or convictions can result in felony-level charges, leading to enhanced sentences and penalties. Each subsequent offense can escalate the severity of the consequences.
Additionally, a DUI conviction remains on your criminal record, potentially affecting employment opportunities. It can also impact auto insurance rates, with coverage exclusions for damages resulting from the commission of a felony.
Dealing With First-Time DUI Charges and Penalties
First-offense DUIs can be overwhelming and have a long-term impact on your employment and car insurance rates (Learn More: DUI and Future Opportunities: Employment & Education). Before you decide to fight your first-time DUI conviction, make sure you are going about it the right way with legal advice.
Find a lawyer experienced with handling a 1st time DUI by entering your ZIP in our free search tool.
Frequently Asked Questions
What is the most common sentence for a first DUI?
A first-offense DUI conviction can result in a misdemeanor charge, which will come with court-ordered probation, fines, fees, and more.
Will I get probation for my first DUI?
Yes, most states will give DUI first-time offenders probation.
What happens on your first DUI?
It depends on what state you live in and the severity of your DUI, but generally, you can expect the following: court fees and fines, license suspension, probation, mandatory classes, and higher auto insurance rates (Learn More: What happens if you get a DUI?)
Do first-time DUI offenders go to jail?
In most cases, a first-time DUI offender will not go to jail. If offenders do go to jail, 1st DUI jail time is usually capped at a month or two by the state.
Does your first DUI go on your record?
Yes, a first-offense DUI conviction will go on your record. However, a first DUI with no criminal record can usually be expunged in most cases so that it doesn’t affect future employment.
Is your first DUI a misdemeanor?
Yes, a DUI first offense is usually a misdemeanor (Read More: What are Class A, B, and C misdemeanors?).
Is a first-time DUI a felony?
In most circumstances, a first DUI will be a misdemeanor, not a felony. However, a first-time DUI with an accident that is serious or a DUI with a child in the car may be upgraded to a felony.
Should you fight your first DUI?
You may be able to fight your first DUI charge successfully, but the only way to find out where you stand is to speak to an expert. DUI charges for a first offense can be combated by legal experts, and it consists of challenging things like the legality of DUI checkpoints, the efficacy of different types of sobriety tests, and more.
How can you get help from a DUI attorney?
Even your first DUI arrest can have a significant effect on your criminal history, your finances, and your employment opportunities. Do not take a 1st DUI conviction lightly just because it’s your first DUI arrest.
Act quickly to visit with a DUI attorney experienced with drunk driving law who can help you get in front of many of the 1st DUI consequences associated with your drinking and driving charges. Enter your ZIP code to be connected now.
Are there companies that hire DUI offenders?
It can be harder to find a job with a DUI on your record, but some companies hire DUI offenders. It is helpful to research the best companies for DUI offenders before applying for jobs.
Find the right lawyer for your legal issue.
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Daniel Walker
Licensed Insurance Agent
Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.