Will a Second DUI Offense Charge Require Jail Time or an Ignition Interlock Device?

DUI Jail TimeEvery state has its own Driving Under the Influence (DUI) laws, so there is no one correct answer for this question. However, we can talk in generalities, as most states have similar laws in place, even if they are not identical down to the letter. This should give you a much better idea of the types of fines and penalties you will see if convicted of a second DUI.

Pleading to a Wet Reckless on Your First DUI Offense

There is a common misconception that pleading to a “wet reckless” on your first DUI eliminates the first DUI arrest altogether. While you will not face the penalties of a DUI on your first offense, a second arrest and conviction nullifies this status. In other words, if you are arrested a second time after having pleaded “wet reckless,” you will face the same fines and penalties for the second offense that someone already having an actual DUI on their record will face.

Jail Time for Second DUI Offenses

While some states have no or minimum jail sentences for first time offenders, most states have mandatory jail sentences for second time offenders. In states where first time offenders are required to spend time in jail, second offenders are required to spend significantly more time if convicted. In many states, that term is up to one year or longer.

Depending upon the state and the length of sentence, the term may be able to be broken out over time. For instance, you may be required to spend every weekend in jail for a specific term until your hours are satisfied. However, for longer terms, the individual is usually required to serve the entire sentence in one stay. Obviously, this can lead to significant negative personal and professional ramifications.

Ignition Interlock Requirement for Second Offense DUI

Currently, over 20 states have mandatory Ignition Interlock Device (IID) requirements for first and second time offenders. However, all 50 states have some type of legislation on the books for IID’s. While there are states that do not require an IID for first time offenders, the majority of those states do require an IID for second offenders. Virtually all states mandate the installation of an IID for any offense after the third offense.

Anyone required to have an IID installed on his or her car must also pay for the rental, installation, and maintenance of the device. This includes all scheduled readings and calibrations for the duration of the required use of the device. This can result in additional costs over $1,000 for the licensed driver.

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