Skip to main content

Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Bench Book - 3.2.1.6.3 What Constitutes Second and Subsequent Conviction of Driving While Impaired?

Special attention should be given to individuals convicted of a second or subsequent offense for driving while impaired (DUI and DWI offenses). Because state laws vary significantly in defining what constitutes a second or subsequent conviction, the Commission has issued ICAOS Advisory Opinions to clarify how the ICAOS applies to these cases. Therefore, even if a sentencing court treats a second or subsequent conviction as a “first conviction” for sentencing purposes, the Commission considers the actual number of convictions rather than how they are classified for sentencing under state law. Consequently, a supervised individual with a second or subsequent conviction, even if sentenced as if it were a first-time offense, remains subject to the ICAOS. See ICAOS Advisory Opinion 7-2006.