6/9/2009 Research Memo 09 RM 017 Date: June 4, 2009 Author: Kelley Shepp, Associate Research Analyst Re: Driving Under the Influence Laws and Penalties QUESTION 1. In Wyoming and other states, how many years after a driving under the influence (DUI) conviction does it take for subsequent DUI offenses to be tried as a first offense? 2. What is the criminal status of state DUI laws? 3. What substances do states list under their DUI statutes? 4. What are the sanctions for DUI accidents resulting in serious injury and/or death? ANSWER [Caveat: The information contained in the tables below has not been independently verified by LSO Research staff] 1. Table 1, below, depicts the time frames used for the inclusion of prior DUI offenses. 2. Table 2, below, outlines the criminal status of DUI laws. 3. Table 3, below, depicts the substances states list under their DUI statutes. 4. Although not all have, many states have implemented penalties specifically targeting DUI accidents involving serious injury or death. Table 4, below, depicts the sanctions states have implemented for DUI accidents resulting in serious injury or death. WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX (307) 777-5466 • EMAIL • [email protected] • WEBSITE http://legisweb.state.wy.us PAGE 2 OF 20 Table 1. Time Frames Used for the Inclusion of Prior DUI Offenses. State Years Alabama 5 Years Alaska 10 Years Arizona 84 Months (7 Years) Arkansas 5 Years California 7 Years Colorado Lifetime Connecticut 10 Years Delaware 5 Years Florida 5 or 10 Years Georgia 5 Years Hawaii 5 Years Idaho 10 Years Illinois 5 Years Indiana 5 Years Iowa 12 Years Kansas All prior DUI convictions and DUI diversions count. Kentucky 5 Years Louisiana 10 Years Maine 10 Years Maryland Not Available Massachusetts 10 Years Michigan 7 Years Minnesota Not Available Mississippi 5 Years Missouri Not Available Montana 5 Years Nebraska 12 Years Nevada 7 Years New Hampshire 10 Years New Jersey 10 Years New Mexico Not Available New York 5 Years Note: A previous alcohol conviction of any type is considered a previous offense. North Carolina 7 Years North Dakota 5 Years for the first 3 offenses, 7 years for 4th and subsequent offenses. Ohio 6 Years Oklahoma 10 Years Oregon 10 Years Pennsylvania Not Available Rhode Island 5 Years Note: Some exceptions for high BAC offenders. South Carolina 10 Years South Dakota 5 Years Tennessee 10 Years Texas Not Available Source: LSO Research staff summary of information provided by the National Conference of State Legislatures (NCSL). WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX (307) 777-5466 • EMAIL • [email protected] • WEBSITE http://legisweb.state.wy.us PAGE 3 OF 20 Table 1. Time Frames Used for the Inclusion of Prior DUI Offenses, Cont’d. State Years Utah 6 Years Vermont Not Available Virginia Not Available Washington 7 Years West Virginia 10 Years Wisconsin Not Available Wyoming 5 Years Source: LSO Research staff summary of information provided by the National Conference of State Legislatures (NCSL). Table 2. Criminal Status of State Driving Under the Influence Laws. State Criminal Status Alabama 1st, 2nd, and 3rd offenses are misdemeanors. 4th and subsequent offenses within 5 years are a class C felony. Alaska 1st and 2nd offenses are class A misdemeanors. 3rd and subsequent offenses within 10 years are a class C felony. Arizona 1st and 2nd offenses are class 1 misdemeanors. 3rd and subsequent offenses are a class 4 felony. Arkansas 4th and subsequent offenses within 5 years are a felony. California Non-injury DUI offenses are misdemeanors. 4th and subsequent offenses are a felony if the offender is sentenced to incarceration in a state prison. Colorado DUI and impaired offenses are misdemeanors, injury related DUI offenses are class 4 felonies. Connecticut 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses within 10 years are felonies. Delaware 1st and 2nd offenses are unclassified misdemeanors, 3rd offense is a class G felony, 4th and subsequent offenses are a class E felony. Florida 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses within ten years are a 3rd degree felony. Georgia 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are high and aggravated misdemeanors. Hawaii 1st, 2nd, and 3rd offenses are petty misdemeanors, 4th and subsequent offenses are a class C felony. Idaho 1st and 2nd offenses are misdemeanors, 2nd or subsequent offenses with BAC=.20 is a felony, 3rd and subsequent offenses are felonies, DUI with bodily harm or disfigurement is a felony. Illinois 1st and 2nd offenses are class A misdemeanors, 3rd and subsequent offenses are class 4 felonies. Indiana Illegal per se offense with a BAC of .08 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 1st offense is serious misdemeanor, 2nd offense within 12 years is aggravated misdemeanor, 3rd and subsequent offenses are class D felonies. Kansas 1st offense is a class B non-person misdemeanor, 2nd offense is a class A non-person misdemeanor, 3rd and subsequent offenses are non-person felonies. Kentucky 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. Source: LSO Research staff summary of information provided by NCSL. WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX (307) 777-5466 • EMAIL • [email protected] • WEBSITE http://legisweb.state.wy.us PAGE 4 OF 20 Table 2. Criminal Status of State Driving Under the Influence Laws, Cont’d. State Criminal Status Louisiana 1st and 2nd offenses not classified, 3rd offense can be either a misdemeanor or a felony, 4th and subsequent offenses are felonies. Maine 1st and 2nd offenses are class D crime, 3rd and subsequent offenses are class C crime. Maryland All DUI offenses are misdemeanors. Massachusetts 1st and 2nd offenses are unclassified, 3rd and subsequent offenses are felonies. Michigan 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses within 10 years are felonies. Minnesota ∗ Fourth degree drunk driving offense- no aggravating factors, misdemeanor; ∗ Third degree drunk driving offense- one aggravating factor, gross misdemeanor; ∗ Second degree drunk driving offense- driving offense with two aggravating factors, gross misdemeanor; ∗ First Degree drunk driving offense- a drunk driving offense with three or more aggravating factors, felony. Aggravating factors: ∗ Any prior drunk driving offense including prior refusal convictions and admin. per se violations and vehicle homicide or injury offenses; ∗ Driving with an alcohol concentration > 0.20; ∗ Driving with a passenger < 16 years old if the passenger is more than 36 months younger than the driver. Mississippi 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are felonies. Missouri 1st intoxication offense is a class B misdemeanor, 1st per se offense is a class C misdemeanor, 2nd offenses are class A misdemeanors, 3rd and subsequent offenses are class D felonies. Montana 1st, 2nd, and 3rd offenses are misdemeanors, 4th and subsequent offenses are felonies. Nebraska 1st and 2nd offenses and 3rd offenses within 12 years are class W misdemeanors; 4th and subsequent offenses within 12 years are class IV felonies; injury related DUI offenses are class III A felonies. Nevada 1st and 2nd offenses are misdemeanors, 3rd and subsequent offenses are category B felonies. New Hampshire 1st offense is a class B misdemeanor. 2nd and 3rd non-injury DUI offenses are class A misdemeanors, 4th and subsequent non-injury DUI offenses are felonies, and DUI offenses with serious bodily injury are a class B felony. New Jersey Drunk driving is a violation, not a “crime”. New Mexico 4th offense is a 4th degree felony (fewer offenses are not classified). New York Driving while ability impaired offenses: ∗ 1st offense is a traffic infraction; ∗ 2nd and subsequent offenses are misdemeanors. Driving with intoxicated 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 4th and subsequent offenses are a class F felony, fewer offenses are classified as levels 1-5, based upon length of sentence. North Dakota 1st and 2nd offenses are class B misdemeanors, 3rd and 4th offenses are class A misdemeanors, 5th and subsequent offenses are class C felonies. Ohio 1st and 2nd offenses are 1st degree misdemeanors, 3rd offense is a misdemeanor, 4th offense within 6 years is a 4th degree felony, subsequent offenses within any time period are third degree felonies. Oklahoma 1st offense is a misdemeanor, 2nd and subsequent offenses within 10 years are felonies. Oregon 1st, 2nd, and 3rd offenses are class A misdemeanors, 4th and subsequent offenses are class C felonies. Pennsylvania 1st or 2nd offenses are 2nd degree misdemeanors, 3rd and subsequent offenses are 1st degree misdemeanors. Source: LSO Research staff summary of information provided by NCSL. WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX (307) 777-5466 • EMAIL • [email protected] • WEBSITE http://legisweb.state.wy.us PAGE 5 OF 20 Table 2. Criminal Status of State Driving Under the Influence Laws, Cont’d. State Criminal Status Rhode Island Non-injury DUI offenses are misdemeanors, DUI with serious bodily injury is a felony. South Carolina 1st offense is a misdemeanor, 2nd offense within 10 years is a class C misdemeanor, 3rd offense within 5 years is a class 6 felony, 4th and subsequent offenses within 10 years are class F felonies.