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).

g)  A prior DWI conviction and a present drag racing charge :  drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving. 

h)  DWI with a child passenger:  A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age.  `Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00. 

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.