What are the penalties for DWI?

First, an academic detour on the topic of "what is probation?". Probation can be defined as a suspension of a sentence of jail, a fine, or even a driver's license suspension by the court. Said another way, upon conviction, the judge pronounces a punishment of a jail sentence, a fine sentence, and a driver's license suspension.

Example: Judge Dredd says "Mr. Defendant, your sentence is 180 days in jail, a $2,000.00 fine, and a year's suspension of your driver's license."

"Holy cow, I can't believe it, I'm going to jail" is the thought you have when all of the sudden the judge speaks again. He says, "however, I'm going to probate this sentence. Your jail is probated for one year, $1,500.00 of your fine is probated, and your driver's license suspension is probated." In layman terms this means that you will not have to do the 180 days in jail if you behave for one year, that you will only pay $500.00 of the fine if you behave for one year, and your driver's license will not be taken from you if you behave for one year.

"Wait" you say, what does "behave" mean? It means that the judge has offered you a "deal" you can't refuse. This "deal" is a contract between you and the court. The contractual terms are simple. The judge promises not to put you in jail, not to make you pay the entire fine and not to take away your driver's license. In exchange, if you agree to the probation, you are agreeing generally to do the following:

1. Report once a month to a probation officer,

2. Not to commit any further crimes during the term of probation,

3. To pay a monthly supervisory fee to the probation office (approximately $40.00),

4. To perform a specified number of community service hours during the term of your probation (between 24 and 80 hours) (community service is volunteer work to benefit the community),

5. To attend DWI awareness classes dealing with the effects of alcohol or listening to victims of DWI related tragedies,

6. To disdain from consuming alcohol for the term of your probation,

7. To pay your non-probated fines and court costs,

8. Any other requirements the court sets for you.

Now, back to the specific penalties for intoxication offenses.

DWI, depending on the number of prior convictions you have and when those convictions occurred, can be either a misdemeanor or a felony offense.

Generally speaking, the penalties for DWI are as follows:

a) first offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).

b) second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

c) third offense: here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3^rd Degree Felony).

d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3^rd Degree Felony).

f) DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2^nd Degree Felonies).

In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. Furthermore, to receive probation upon being convicted of intoxication manslaughter you must serve a minimum of 120 days in jail. However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may be ineligible to receive probation at all.