DWI/DUI Arrest

Proven Defense in Thousands of Resolved Cases

DWI Penalties

The Penalty for a Driving While Intoxicated (DWI) charge depends on the number of prior DWI convictions, the presence of a child under the age of 15 was in the vehicle, if there was an open container, and the result of the BAC test.

1st offense DWI Penalty without any enhancing factors is:

 A Class B misdemeanor, with a minimum term of confinement of 72 hours.

This equals a 1st offense Driving While Intoxicated penalty of:

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Note: An experienced DWI attorney will likely keep you from serving any jail time.

2nd offense DWI Penalty without any enhancing factors is:

A Class A misdemeanor, with a minimum term of confinement of 30 days.

This equals a 2nd offense DWI penalty of:

  • Up to a $4,000 fine.
  • Jail time between 30 days and 1 year.
  • License suspension between 180 days and 2 years.
  • Annual license surcharge.
  • Ignition Interlock Device (Breath device in vehicle)

3rd offense DWI Penalty without any enhancing factors is:

A felony of the third degree.

This equals a 3rd offense penalty of:

  • Up to a $10,000 fine.
  • Jail time between 2 years and 10 years.
  • Rehabilitative confinement for alcohol treatment.

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