DWI Offenses & Punishments

including mandatory Driver?s License Suspensions

Driving While Intoxicated

First Offense

Class B Misdemeanor?1. Three days to 180 days in jail and a possible a fine?up to $2,000; or?2. Probation for up to 2 years?Impact on Driver?s License?Loss of driver license up to a year?Annual fee of $1,000 or $2,000 for three years to retain driver license

First Offense With A?Blood Alcohol Content Above 0.15

If there is a breath or blood test that results in a alcohol concentration of above 0.15 then a first offense DWI can be ?enhanced? to a class A misdemeanor.

Class A?Misdemeanor
1. One month to a year in jail and a possible fine up to $4,000; or??Impact on Driver?s License?Loss of driver license from 90 days to up to 1 year?Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

First Offense With An Open Container

If it is alleged and proven that the first offense DWI involved an open container of an alcohol beverage being found in the vehicle, then minimum jail penalty increase to six days in jail. ?Probation is still available.

Second Offense

Class A?Misdemeanor
1. A minimum of 30 days and up to a?year in jail and a possible fine up to $4,000; or??2. Probation for up to 2 years?Impact on Driver?s License?Loss of driver license from 180 days to up to two years?Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license.

Third Offense or more

Third Degree Felony
1. Two to 10 years in prison and a possible fine of up to $10,000; or?2. Probation for up to 10 years
Impact on Driver?s License
Loss of driver license up to two years?Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

Driving While Intoxicated With A Child Passenger

 

You can be charged with child endangerment for driving while intoxicated if you?re carrying passengers younger than 15 years old. DWI with a child passenger is punishable by:

State Jail Felony?1. Up to two years in a state jail and a possible fine up to $10,000; or?Impact on Driver?s License?Loss of your driver license for 180 days

Intoxication Assault

An intoxication assault is where an?accident?occurred with serious bodily?injury resulted as a proximate cause of the intoxication.

Third Degree Felony?1. Two to 10 years in prison and a possible fine of up to $10,000; or?2. Probation for up to 10 years?If a probated sentence is received, there is a 30-day minimum jail sentence.

Intoxication Manslaughter

 

Intoxication manslaughter is a DWI where a death occurred in an accident and where the intoxication was the proximate cause of the death.

Second Degree Felony?1.?Two to 20 years in prison and a possible fine of up to $10,000; or?Where probation is granted, there are still a requirement of a 120 day jail sentence.