State-Specific DUI Conditional Discharge and Expungement Policies

 

State Length of Probation Deferred Prosecution (conditional discharge) Expungement Alternatives to plead to Ignition Interlock Device License Affected for 1st Offense
Alabama 2 years for a misdemeanor DUI and 5 years for a felony DUI yes no prohibit reduction of DUI to lesser charge but favourable plea bargain may be possible not required at first offense, but option instead of license suspension, required for repeat offenders 90 days suspension unless IID
Alaska usually 3 to 12 months no no wet reckless can reduce sentence for first time offenders, required for repeat offenders 90 days suspension, reduced to 30 days with IID
Arizona up to five years No no, However, can be “set aside” prohibit reduction of DUI to lesser charge but favourable plea bargain may be possible yes, between 12 – 24 months, unless convicted of a drug DUI 90 days suspension, 1 year if refuse chemical test
Arkansas typically 12-18 months for 1st offense and 18-24 months for second offense no yes plea bargain for wet reckless (reckless driving involving alcohol) is barred only for DWI alcohol, not DWI drugs, can qualify for a waiver which exempts you from the IID under certain conditions BAC between .08 – .15 suspended for 120 days, unless permitted with IID, BAC higher than .15, suspended for 190 days, unless permitted with IID
California 3 to five years no yes wet and reckless, dry reckless, exhibition of speed yes, and proof of IID needs to be shown before eligible to drive again 4 months suspension
Colorado 1-2 years for first offense, 2-4 years for repeated offense yes yes – only under certain circumstances, mainly limited to juvenile records, only if you did not plead guilty or were not found guilty wet reckless eligible after 1 month, if first offence and BAC was lower than .15, required for 8 months, if first offence and higher than .15, or it your second offence, required for 2 years. If you refused to submit to a chemical test, eligible after 2 months and 2 year requirement 9 months suspension, 1 year if chemical test refused
Connecticut up to 2 years of probation on first offense, up to 5 years on second, and undetermined period of probation for three or more offenses yes yes, only for individuals who were acquitted, had their charges expunged, or had their case put on hold wet reckless yes, zero tolerance policy and required even with BAC of .01 1 year suspension
Delaware 1 year yes, but only for first-time DUI charges yes reckless driving alcohol related If first offense, IID not required, however can either apply for the IID (FOE-IID) Diversion, requires you submit to a chemical drug test, where IID required for 5 months, or if you refuse a chemical drug test, or it is your second offense, you can apply for the Voluntary IID Program, IID required for 7 months. If it is a repeat offense, you must wait at least 24 months before IID. 1 year revocation if BAC less than .15, 18 month revocation if BAC between .15-.19, 2 years revocation if BAC .20 or above
Florida 12 months yes yes only for individuals who were acquitted of their charges, had their charges dismissed or entered a deferred adjudication program wet reckless only required for first offense if court orderd, if BAL is above .15, or if a minor was in car, required for subsequent convictions, between 1 – 5 years 180 days – maximum of 1 year suspension
Georgia up to 1 year on first offense, and up to 5 years for repeat offenses no no reckless driving, however difficult required after second conviction within 5 years, required for 12 months after 4 months of a suspended license, however license still considered formally suspended up to 1 year suspension
Hawaii up to 5 years yes yes plea bargain is prohibited not required, may be used to reduce revocation if BAC is below .15, 3 months – 1 year revocation, with IID available after 30 days, if BAC is above .15, 6 months to a year revocation, no conditional license available
Idaho up to five years yes no traffic ticket- reckless driving with alcohol yes, for first time offenders, required for a year, after 1 year of a revoked license 90 – 180 days suspension
Illinois up to 30 months; up to 48 months if third offense or passenger under 16 no no plea bargain for wet reckless is prohibited yes minimum 6 months revocation, unless given permission from the courts for a Monitoring Device Driving Permit
Indiana 2 1/2 year no yes plea bargain for wet reckless is barred by statute after second conviction 90 days – 2 years suspension, eligible for hardship license after 30 days
Iowa 12 months yes yes wet reckless may be possible yes, for first conviction only required if BAC is .10 or above or involved in an accident 180 day revocation, eligible immediately for 6 month probation if BAC between .08-.10, no IID required, if BAC between .10-.15, IID required, and eligible after 30 days if BAC is .15 or higher, IID required
Kansas one year yes yes wet reckless is prohibited yes, usually for 2 – 10 years 30 days suspension, may obtain a restricted driving permit with IID which lasts for 330 days
Kentucky generally none yes, depending on the County yes wet reckless required for 6 months if DUI 1st offense with aggravating circumstances, required for 12 months if DUI 2nd offense within a 10 year period, required for 30 months for subsequent offenses 30-120 days revocation
Louisiana up to two years yes yes wet reckless required if BAC is .08 or above for first offense and for all subsequent offenses 1 year suspension, 2 years if BAC is .20 or above, hardship license available after 45 days with IID
Maine 90 days – 2 years, hardship license eligible after 30 days yes yes reckless driving – wet reckless voluntary for second and third offenses 90 day suspension, restricted license may be available after first 60 days
Maryland generally one year yes yes- only for individuals who were acquitted, charges dismissed or if a probation before entry of judgment sentence was imposed wet reckless required for repeat offenses, IID required for 180 days if BAC between .08-.15, 1 year if BAC above .15 or you refused to submit to the test minimum 6 month suspension
Massachusetts 1 year for first offense 2 years for second offense no no wet reckless required for 2 or more convictions, or in the case of a hardship license 1 year suspension
Michigan Depends on region. On average, 1 year for first offense and 2 years for second offense no no wet reckless possible IID restriction for second, third and subsequent offenses for at least 1 year upon license reinstatement 180 days suspension, 1 year if BAC .17 or above, IID may be available after 30 days, required for at least a year
Minnesota it depends on level of charge- fourth degree up to two years, third and second degree up to six years no yes, only for individuals who have been acquitted or had their charges dismissed traffic, reckless driving, careless driving for first time offenders with a BAC of .16 or above, or for all repeat offenders, 1 year for second offense, 2 years for third offense, 3-5 years for fourth or subsequent offenses 90 days revocation if BAC is under .16, 1 year if BAC is .16 or above or refused test
Mississippi 6 months to 1 year yes, depends on district yes plea bargain for wet reckless is barred by statue in Mississippi can be used to reinstate license after first offense, required for a minimum of 6 months for subsequent offenses 90 days – 1 year suspension, restricted driving privilege may be resinstated after 30 days with IID
Missouri typically 1-2 years yes yes wet reckless yes, no less than 6 months 90 days suspension, eligible for restricted driving privilege after 30 days
Montana up to 5 years yes yes reckless driving; dry reckless wet reckless may be granted for reduced suspension for first time offenders, required for subsequent offenders 6 months suspension, may be eligible for restricted probationary license with or without an IID after 45 days
Nebraska up to 2 years for first offense and up to five years for second offense may be possible no reckless driving yes 180 days revocation for failure of test, 1 year for refusal of test
Nevada minor cases usually few months, serious cases may have periods of 3,5 or more years may be possible for specific groups no 10 years possible 3-6 months IID for first offense, second offense if BAC under .18, 12-36 months if second offense and BAC is .18 or above, third or subsequent offense 90 days suspension, may be eligible for hardship ignition interlock restricted license after 45 days
New Hampshire 3 years yes yes reckless operation required for anyone with a BAC of .15 or higher, even for first offense 9 months – 2 years revocation
New Jersey no no,because it is not considered a criminal offense usually not possible 6 months-1 year for first offense, 1-3 years for second or subsequent offense 3 months suspension if BAC is below .10, 7 months – 1 year if BAC is .10 or above
New Mexico 1 year for first time offender may differ between districts yes plea bargain difficult; wet reckless prohibited 1 year for first offense, 2 years for second offense, 3 years for third offense, lifetime IID restriction for offense after that 1 year revocation
New York 1 to 3 years no no reducing alcohol traffic to non-alcohol offense is prohibited, wet reckless not possible minimum 6 months for first and second offense, 5 years for third and fourth offense minimum 6 months license revocation, minimum 1 year revocation if BAC is .18 or more
North Carolina up to 5 years yes, however, the prosecutor must agree no wet reckless for first offense, if BAC is .15 or more then IIR required for a year, 3 years for second offense, 7 years for third and subsequent offenses 1 year suspension
North Dakota 1 year up to third offense, and 2 years for fourth offense no no reckless driving possibly if court deems appropriate 91 days suspension if BAC below .18, 180 days if BAC is .18 or above
Ohio up to 3 years for first offense and up to 5 years for multiple offense no no reckless operation of vehicle, physical control may be eligible administrative license suspension 3 months, court imposed license suspension 6 months-3 years, may be eligible for IID after 6 months
Oklahoma up to five years yes yes wet reckless, dry reckless required for first offenders with BAC over .15 decided in court
Oregon up to five years no no prohibited 1 year for first offense, 2 years for second and subsequent offenses 1 year suspension, ignition interlock hardship driving permit may be available after first 30 days of suspension
Pennsylvania up to 6 months for first offense if BAC is between 0.08-0.09% yes yes alcohol related reckless driving required for all offenses except for a first time offense with a BAC between .08-.10 if BAC .10 or higher 12 month suspension, occupational restricted license may be available after 60 days
Rhode Island yes, however, does not extend to those where there was a passenger under the age of 13 in the vehicle yes reckless driving required for 1-2 years for second and third offenses if BAC between .08-.10, or unknown, 30-180 days suspension, if BAC between .10-.15, 3-12 months suspension, if BAC is .15 or above, 3 -18 months suspension
South Carolina no no limited; reckless driving not possible 2 year IIR for second offense, 3 year IIR for third offense 6 months suspension
South Dakota yes yes wet reckless sometimes as part of a sobriety program 30 day- 1 year revocation
Tennessee up to 2 years, and up to 4 years for fourth offense yes no Wet reckless, public intoxication, reckless endangerment yes, sometimes for first time offense, for a second offense it is required for six months 1 year revocation, can apply for IIR license
Texas 6 months to 2 years no no obstruction of a passageway or roadway, reckless driving yes for first time offenders with a BAC of .15 or higher or under the age or 21, or all second time offenders 90 day-1 year suspension, possible IIR after 50% of any supervised period
Utah normally 18 months for misdemeanor and 36 months for felony no yes 2 years license revocation, alcohol restricted driver 10 years possibly for first offense, required for subsequent offenses 120 days suspension, alcohol restricted driver for 2 years
Vermont 1 to 5 years yes, but only for first-time DUI charges no wet reckless 6 months suspension for first offense, 18 months for second offense, 3 years for third offense 90 days suspension, may be eligible for IIR license after 30 days
Virginia 1 year no no wet reckless 6 months, extended if more DUIs in that period 12 months revocation
Washington up to five years only for individuals diagnosed as alcohol dependent and sober yes reckless driving, Negligent driving in the first degree, reckless endangerment yes, 1 year minimum for first offense, 1-5 years for second offense (in 7 years) also sometimes for reckless or negligent driving offenses as well BAC below .15 or no breath test, 90 days suspension, above .15, 1 year, refusal, 2 years
West Virginia no probation yes, but only for first-time DUI charges yes, under some conditions wet reckless sometimes for first offense, can reduce license suspension, required for repeat offences 6 months revocation, IIR license may be available after 45 days
Wisconsin up to 5 years yes no reckless driving not involving intoxication or traffic infractions such as speeding or illegal lane changes yes for at least a year after hardship license or a reinstated drivers license 6 – 9 months revocation, occupational license available immediately
Wyoming up to three years for misdemeanor yes yes wet reckless usually not for first offense unless BAC is over .15, required 1 year after second offense, 2 years after a third offense, potential lifelong after fourth offense license suspended as soon as you are arrested, 90 days