New DUI Laws

New Fines, Jail Time, License Suspensions, and Ignition Interlock Device Laws have Gone into Effect

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DUI Laws Enacted

*Editor's Note: Please keep in mind that links to legislation may not always reflect the final version of the law. 

Most Recent Updates

California

In July, 2010, California implemented changes to its DUI laws that included the mandatory installation of an Ignition Interlock Device (IID). Additionally, California shortened the length of time during which driving penalties are restricted even for repeat offenders. However, to have the penalty phase shortened, defendants must pay all required fees and file a SR-22 insurance form.

Effective 2011, California’s laws has expanded the number of categories that allows the Department of Motor Vehicle (DMV) to immediately suspend a driver’s privileges when the driver is suspected of a DUI.

Colorado

Colorado modified the amount of time an offender is required to stay in jail for a DUI conviction and now imposes a 10-day minimum jail term for a second offense as well as a 60-day minimum jail sentence for a third and subsequent offenses. Additionally, the law has eliminated the requirement that an offender wear an ankle bracelet leaving only two options: either serve requisite time or apply for a work release program.

Florida

In 2010, Florida reduced penalties for four-time offenders if certain requisites are met. These requirements include a 10-year waiting period with no driving for the 10-year period and no manslaughter in the original charge. Restricted driving privileges will be imposed during the first year. Also, the defendant must participate in an alcohol treatment program within the first six-month period from the time the license is reinstated.

Hawaii

Effective January 1, 2011, those arrested for a DUI in Hawaii will be required to pay for the installation of an IID ($84) as well a monthly leasing fee ($89). Additionally, Hawaii’s Administrative Driver's License Revocation Office will take away a violator's driver's license and issue a temporary permit that indicates the requirement for the interlock device.

A first-time offender arrested for a DUI in Hawaii who exceeds the statutory limit or who refuses to submit to alcohol testing will be subject to a one-year license revocation but may drive with an IID. Subsequent violations will increase the periods of revocation.

Illinois

Effective January 1, 2011, Illinois has amended the Unified Code of Corrections providing that those convicted of a DUI accident where the accident was the proximate cause of great bodily harm or permanent injury shall receive no more than 4.5 days of good conduct credit for each month of the offender’s sentence of imprisonment.

Additionally, Illinois increases the amount of technology fees from $500 to $750 usually imposed on first-time offenders who are found guilty or who plead guilty to violating the DUI provision of the Illinois Vehicle Code. Also, Illinois adds a "summary revocation" to the summary suspension procedures. This provides that a person who refuses to submit to alcohol testing following a DUI arrest involving an accident that causes a Type A personal injury (or death) to another will have his or her license revoked summarily on the 46th day following the arrest.

Kansas

Effective July, 2010, Kansas modified its laws to prohibit offenders from applying for a work release program until they have served at a minimum 72 consecutive hours of mandatory jail time. Also, the minimum fine has increased to $2,500 from the original $1,500 for repeat offenders. The changes also include revocation of the driving license upon a third conviction instead of the original fourth conviction.

Maine

As of July, 2010, Maine has added the installation of an IID to allow driving privileges to be re-instated earlier. However, the law applies to those with at least two but no more than three convictions. These laws are not retroactive and only apply to individuals convicted of a DUI after July, 2010. Older penalties still apply to those convicted before this date.

Minnesota

As of 2010, in order to have restricted driving privileges, those convicted of a DUI must allow the installation of an IID. Those who refuse the installation will be prohibited from any driving rights. The no-driving policy will range from 12 months to 6 years depending on the case.

New Jersey

New Jersey also imposes the installation of an IID on the car of anyone convicted of a DUI who has restricted driving privilege. The device must be installed and maintained for the duration of the restricted privilege.

Also in July, 2010, New Jersey’s state Supreme Court ruled that non-English speaking drivers should be provided a translation of the statement of consequences for those who refuse an alcohol breath test.

New York

Since 2010, driving while intoxicated (DWI) with a child 15 years of age or younger in the car is now a class “E” felony. Additionally, if the defendant is the parent, custodian or legal guardian of the child in the vehicle, the police are required to file a report with Child Protective Services (CPS).

As of August 15, 2010, defendants convicted of a DWI will be sentenced to probation or a conditional discharge which must be accompanied by the installation and maintenance of an IID in any car owned or operated by the defendant. The installation will continue for the duration of the probation or conditional discharge or for a period of six months, whichever is longer. Additionally, the defendant is responsible for the cost of both installation and maintenance of the device. In the case the defendant is financially unable to bear the costs the court may waive the cost or offer a payment plan.

Tennessee

Effective June 23, 2010, Tennessee enacted several changes. Under the new amendments, Tennessee’s previous 10-year calculation for a prior conviction is now recalculated from violation to violation. Now in Tennessee, a first-time offender faces a minimum jail sentence of 48 hours and a second-time offender will have to serve a minimum of 45 days in jail, pay more stringent fines and lose driving privileges for a longer period of time.

Virginia

The 2010 change in Virginia’s DUI laws includes the impoundment of an individual’s car if the individual has been convicted of a DUI and continues to drive on a suspended license. The impoundment will last a minimum of 90 days. Additionally, those driving a school bus while intoxicated now face Class 1 misdemeanor charges.

Washington

Effective January, 2011, Washington has amended its DUI laws requiring mandatory reporting if a child under the age of 13 is in a vehicle driven by an intoxicated parent, legal custodian or guardian. If the arresting officer believes the child will be in imminent harm, the officer is authorized to take the child into emergency custody. Additionally, Washington has extended restricted driving privileges with an ignition interlock license to those convicted for a drug-related DUI offense.

West Virginia

As of 2010, those seeking to appeal a license revocation will no longer have to appeal to the DMV. Instead, a separate agency within the Department of Transportation will be in charge of these hearings. New legislation also allows first-time DUI offenders to expunge their criminal records if they agree to participate in an ignition interlock program.

Wisconsin

In 2010, Wisconsin enhanced penalties for those who refuse to submit to chemical testing when requested. This effectively makes Wisconsin an Implied Consent state.

Colorado 2010 New DUI Laws

Colorado - HB10-1347 - Effective July 1st, 2010

Mandatory Minimum Imprisonment and Restrictions for Repeat Offenders. this law imposes a 10-day minimum jail sentence for a second offense and a 60-day minimum sentence for third and subsequent  offenses.

Colorado DUI Laws

Iowa 2010 New DUI Laws

Iowa House File 2452 - Ignition Interlock Devices

Relates to driver's license sanctions, including the issuance of temporary restricted licenses and certain requirements relating to ignition interlock devices, and provides a penalty, allows the department of transportation to issue a temporary restricted license to a person whose noncommercial driver's license is suspended or revoked without requiring the court to order the department to do so.

Iowa House File 2233 - Restricted Licenses

Relates to driver's license sanctions, including the issuance of temporary restricted licenses and certain requirements relating to ignition interlock devices, and provides a penalty, allows the department of transportation to issue a temporary restricted license to a person whose noncommercial driver's license is suspended or revoked without requiring the court to order the department to do so.

Iowa DUI Laws 

Kansas 2010 New DUI Laws

Kansas Senate Bill 368 - Concerns driving under the influence of alcohol or drugs, provides penalties for fourth or subsequent conviction. Among other changes, for a third DUI conviction, offenders must serve a term of 72 consecutive hours in jail before the offender is eligible to participate in a work release program.

Kansas Senate Bill 586 - Increases penalties for multiple convictions of driving under the influence. Among other changes, on a fourth or subsequent DUI conviction a person would be guilty of a nonperson felony and sentenced to not less than 180 days in Jail.

Kansas DUI Laws 

Maine 2010 New DUI Laws

Maine House Bill 1137 - Ignition Interlock Devices

Allows a person who committed a 2nd or 3rd operating under the influence offense prior to a specified date to apply for early termination of a driver's license suspension on the condition that the person installs an ignition interlock device in the motor vehicle the person operates.

Maine DUI Laws 

Minnesota 2010 New DUI Laws 

Minnesota House File 3106 - Strengthens Sanctions Against DUI Offenders

DUI offenders with a 0.16 and above alcohol-concentration level will be required to have ignition interlock devices installed on any vehicle they drive. DUI offenders with a 0.16 and above alcohol-concentration level that choose not to use ignition interlocks will not have driving privileges ranging from 1 year to 6 years. READ MORE.

Minnesota DUI Laws

Missouri 2010 New DUI Laws 

Missouri House Bill 1695 

Increases the penalties and limits restricted licenses for DUI testing refusal, driving with a Blood Alcohol Content above .15 and repeat offenders. Please use the link above to read all 16 provisions of the new law.

Missouri DUI Laws 

Nebraska 2010 New DUI Laws

Nebraska Legislative Bill 924 - Ignition Interlock Devices

If the person's operator's license has been revoked for at least a one-year period, after a minimum of a forty-five day no driving period, the person may operate a motor vehicle with an ignition interlock permit and an ignition interlock device pursuant to this subsection, and shall retain the ignition interlock permit and ignition interlock device for not less than the remainder of a one-year period, or period of revocation ordered by the court, whichever is longer.

Nebraska DUI Laws - on DrivingLaws.org Website

New Jersey 2010 New DUI Laws 

New Jersey Assembly Bill 3073 - Ricci's Law - State of New Jersey Website

Relates to Ricci's Law, clarifies that use of ignition interlock device is mandatory for all drunk driving offenses and requires installation during license suspension, provides a new section to existing law relating to the cost of the device and its installation for persons with lower incomes.

New Jersey DUI Laws 

New Mexico 2010 New DUI Laws

New Mexico - Senate Bill 32 - DWI Test Fee Increase - State of New Mexico Website

Relates to driving under the influence of intoxicating liquor or drugs, increases the fee charged to defray the costs of chemical and other tests used to determine the influence of liquor or drugs. A person convicted of a DUI in the State of New Mexico previously paid $65 to defray the cost of chemical testing for alcohol or drugs, this law raises fee from $65 to $85

New Mexico - House Bill 207 - Interlock Device Fund Eligibility

Relates to driving under the influence and the interlock device fund, provides that the Traffic Safety Bureau of the Department of Transportation shall determine eligibility for assistance from the fund, provides a standard for indigency, modifies assistance provided from the fund, requires credit at sentencing for use of interlock device, increases the percentage of the fund allowable for administrative costs.

New Mexico DUI Laws

Oklahoma 2010 New DUI Laws

Oklahoma House Bill 3240 - Creates the Aaron Gillming Act, requires persons convicted of driving under the influence to participate in an alcohol and drug abuse substance abuse evaluation and assessment program.

Oklahoma DUI Laws

Tennessee 2010 New DUI Laws

Tennessee Senate Bill 2965 - Revises various provisions governing ignition interlock devices and persons convicted of driving under the influence, establishes the interlock assistance fund for indigent offenders, makes changes to certain penalties, restricted driver's licenses, and related matters.

Tennessee DUI Laws

Virginia 2010 New DUI Laws

Virginia House Bill 1353 - DUI; Prohibited While Operating a School Bus, Penalty

Any person who possesses or consumes an alcoholic beverage while operating a school bus is guilty of a Class 1 misdemeanor.

Virginia House Bill 769 - License Suspensions Driving Under Influence

Provides that any suspension of driving privilege for driving while intoxicated shall run consecutively with any other court-ordered period of suspension for driving while intoxicated or for underage driving with a blood alcohol concentration of 0.02 percent or more.

Virginia House Bill 742 - Vehicle Impoundment

Allows vehicle impoundment for driving on a suspended license when suspended for driving for DUI or a DUI-related crime, provides that a motor vehicle impounded or immobilized by the police following an arrest for driving on a suspended license, when suspended for DUI or a DUI-related crime, may be impounded or immobilized for an additional 90 days by the court upon conviction of that offense.

Virginia DUI Laws 

Washington 2010 New DUI Laws

Washington House Bill 2466 - Concerning the Regulation of Ignition Interlock Devices by the Washington State Patrol. The state patrol shall by rule provide standards for the certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, as defined under RCW 46.04.215.

Washington House Bill 2742 - Addressing Accountability for Persons Driving Under the Influence of Intoxicating Liquor or Drugs

Washington DUI Laws

Wisconsin 2010 New DUI Laws

Wisconsin Senate Bill 303 - Vehicle Accident Intoxification Test

Requests a person who operates a vehicle that is involved in an accident that causes death, great bodily harm or substantial bodily harm to submit to a test for intoxication, provides that a person who refuses to take such test may be arrested.

Wisconsin DUI Laws 

Wyoming 2010 New DUI Laws

Wyoming Senate File 19 on State of Wyoming Website

Relates to driving under the influence, amends the time in which a driver may not exceed the maximum blood alcohol level, makes corresponding amendments for youthful driver's with detectable alcohol concentrations, amends the time in which chemical tests may be relevant, expands the period for enhanced penalties for prior violations, adds definitions, provides for an effective date.

Read about Senate File 19 on our Legislative Blog

Wyoming DUI Laws

Updated by: , Attorney

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