6.2 Penalties, Fines, and License Suspensions for Driving Under the Influence
Key Takeaways
- A first DUI offense in Puerto Rico carries an administrative fine of $500 to $1,000, plus an additional $50 penalty for every hundredth of 1% (0.01%) over the 0.08% BAC limit.
- First-time DUI offenders face mandatory attendance at a driver re-education course, community service, and a driver's license suspension of up to 30 days.
- A second DUI conviction within 5 years escalates penalties to a $750–$1,000 fine, 15 to 30 days of mandatory imprisonment, and a 1-year license suspension.
- A third DUI conviction is classified as a felony offense, punishable by $2,000–$5,000 in fines, 60 days to 6 months imprisonment, and permanent or multi-year license revocation.
- Puerto Rico's Open Container Law (Ley de Envase Abierto) imposes a $100 fine for possessing or consuming open alcoholic beverages inside any motor vehicle on public roads.
Penalties, Fines, and License Suspensions for Driving Under the Influence
Quick Answer: Driving Under the Influence (DUI) in Puerto Rico under Law 22 carries severe, progressive statutory penalties. A first offense results in a $500–$1,000 fine plus an additional $50 surcharge for every 0.01% of BAC over 0.08%, mandatory driver re-education courses, community service, and a license suspension of up to 30 days. A second offense within 5 years escalates to a $750–$1,000 fine, 15 to 30 days of mandatory imprisonment, and a 1-year license suspension. A third offense is classified as a felony, punishable by $2,000–$5,000 in fines, 60 days to 6 months in prison, and permanent license revocation. Additionally, Puerto Rico's Open Container Law imposes a $100 fine for possessing open alcohol inside a motor vehicle.
Puerto Rico maintains some of the strictest impaired driving enforcement laws in the United States territory. Under Article 7.02 of Law 22 of January 7, 2000, as amended (Ley de Vehículos y Tránsito de Puerto Rico), penalties for operating a motor vehicle under the influence of alcohol or controlled substances escalate rapidly with repeated convictions. The law combines immediate financial penalties, mandatory incarceration, driver's license suspensions, compulsory rehabilitation, and criminal record sanctions to deter drunk driving.
Statutory DUI Penalty Structure Under Law 22
The severity of judicial and administrative sanctions depends on whether the driver is a first-time offender or a repeat offender within a statutory 5-year evaluation window (término de 5 años).
| Conviction Level | Administrative Fine | Incarceration Term | Driver's License Sanction | Additional Mandatory Requirements |
|---|---|---|---|---|
| First Offense (Primera Convicción) | $500 to $1,000 <br>+ $50 per 0.01% BAC over 0.08% | None mandatory (court-ordered community service) | Up to 30 days administrative suspension | Mandatory Driver Re-education Course (Curso de Reeducación) |
| Second Offense (Segunda Convicción within 5 years) | $750 to $1,000 | 15 to 30 days mandatory imprisonment | 1 year mandatory license suspension | Probation, alcohol treatment program, ignition interlock |
| Third Offense (Tercera Convicción within 5 years) | $2,000 to $5,000 | 60 days to 6 months mandatory imprisonment | Permanent or multi-year revocation (min. 5 years) | Felony offense record (Delito Grave), vehicle impoundment |
Detailed Analysis of Conviction Levels
1. First DUI Offense (Primera Convicción)
When a driver is convicted of a first DUI offense under Law 22, the court imposes both a base fine and a variable BAC surcharge:
- Base Administrative Fine: Ranging from $500 to $1,000.
- Variable BAC Surcharge: An additional statutory penalty of $50 for every hundredth of one percent (0.01%) of BAC above the legal 0.08% limit.
- Example Calculation: If a driver is arrested with a BAC of 0.13%, their alcohol level is 0.05% above the legal limit (which equals 5 hundredths of 1%). The extra surcharge is calculated as $5 \times $50 = $250$. Adding this to the $500 minimum base fine results in a total fine of $750 (or up to $1,250 if the maximum base fine is applied).
- License Suspension: The driver's license is administratively suspended for up to 30 days.
- Mandatory Driver Re-education Course: The offender must complete an approved driver re-education and rehabilitation course (Curso de Reeducación y Tratamiento para Conductores Impulsivos o Bajo la Influencia del Alcohol) certified by the Department of Transportation and Public Works (DTOP / CESCO). Failure to complete this course prevents driver's license reinstatement.
- Community Service: The court may order mandatory community service hours in public safety or environmental restoration programs.
2. Second DUI Offense (Segunda Convicción)
A second DUI conviction occurring within 5 years of a prior offense triggers mandatory criminal detention and extended license deprivation:
- Administrative Fine: Ranging from $750 to $1,000.
- Mandatory Imprisonment: The driver must serve a mandatory term of 15 to 30 days in prison (incarceration cannot be completely suspended by the court).
- License Suspension: The driver's license is revoked/suspended for a mandatory period of 1 full year.
- Ignition Interlock Requirement: The court may mandate the installation of a certified Ignition Interlock Device (IID) (Dispositivo de Bloqueo de Encendido) on any vehicle operated by the offender, requiring a clean breath sample before the engine will start.
3. Third and Subsequent DUI Offenses (Tercera Convicción - Delito Grave)
A third DUI conviction within a 5-year period escalates the crime from a misdemeanor (delito menos grave) to a felony offense (delito grave):
- Administrative Fine: Ranging from $2,000 to $5,000.
- Mandatory Imprisonment: Incarceration in a state penitentiary for 60 days up to 6 months.
- License Revocation: Permanent revocation of driver's license privileges, or a mandatory minimum multi-year revocation of at least 5 years.
- Criminal Record & Vehicle Forfeiture: The offender receives a permanent felony criminal record, which disqualifies them from many public and private employment opportunities. The court may also order the seizure and impoundment of the vehicle involved in the offense.
Aggravating Factors and Enhanced Penalties
Certain circumstances significantly escalate DUI charges and penalties under Puerto Rico law:
- Child Passenger Enhancement: Operating a motor vehicle under the influence with a minor passenger under 15 years of age in the car results in double administrative fines, mandatory prison terms, and referral to the Department of Family Affairs (Departamento de la Familia).
- DUI Involving Bodily Injury or Fatality: Driving under the influence that results in serious bodily injury (lesiones graves) or death (homicidio negligente en estado de ebriedad) is prosecuted under the Puerto Rico Penal Code. Sentences range from 8 to 15+ years of mandatory imprisonment without eligibility for suspended sentences.
Open Container Law (Ley de Envase Abierto)
Article 7.05 of Law 22 establishes Puerto Rico's Open Container Law (Ley de Envase Abierto). It is strictly unlawful for any person to possess, carry, or consume an open container of alcoholic beverage inside any motor vehicle located on a public highway, road, street, or parking facility in Puerto Rico.
Key Rules of the Open Container Law:
- Definition of Open Container: Any bottle, can, flask, or cup containing alcoholic beverages that has been opened, has a broken seal, or has had contents partially removed.
- Scope of Violation: Applies to both the driver and passengers inside the passenger compartment of the vehicle.
- Statutory Administrative Fine: A mandatory $100 fine per infraction.
- Lawful Storage Exception: Open containers or unsealed bottles may only be transported in the vehicle's rear trunk (baúl) or an exterior cargo area completely inaccessible to the driver and passengers while the vehicle is in motion. Storing an open container in an unlocked glove box or under a passenger seat is illegal.
Exam Tips & Common Traps
- Trap 1: Miscalculating the BAC surcharge. Remember that the 1st offense surcharge is $50 for every 0.01% above 0.08%. If BAC is 0.13%, that is 0.05% over, resulting in $5 \times $50 = $250$ added to the base fine.
- Trap 2: Forgetting the 5-year lookback period. Repeat offenses are calculated based on convictions occurring within a 5-year timeframe.
- Trap 3: Thinking open containers are allowed for passengers. The Open Container Law applies to passengers as well as drivers—anyone with an open container in the passenger compartment incurs a $100 fine.
A first-time driver is arrested with a Blood Alcohol Concentration (BAC) of 0.13%. What is the variable BAC surcharge added to their base administrative fine under Law 22?
Which set of penalties correctly describes a second DUI conviction within 5 years under Puerto Rico Law 22?
Under Puerto Rico's Open Container Law (Ley de Envase Abierto), what administrative fine is imposed for possessing an open alcoholic beverage inside the passenger compartment of a motor vehicle?