| Penalties for DWI
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) .15 BAC first offense: A first offense conviction where there is a .15 breath, blood, or urine alcohol concentration conviction increases the punishment to the same class as a second offense (Class A Misdemeanor).
c) 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).
d) 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).
e) 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).
f) 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. (3rd Degree Felony).
g) 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 2nd Degree Felonies).
h) 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.
i) 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.