DWI PUNISHMENTS

THE FOLLOWING REPRESENTS THE MAXIMUM AND MINIMUM PUNISHMENT ALLOWED BY LAW IN A MISDEMEANOR DRIVING WHILE IMPAIRED CASE.

MAXIMUM: 2 YEARS IN PRISON

MINIMUM: LEVEL 5

60 DAYS SUSPENDED JAIL SENTENCE

2 YEARS UNSUPERVISED PROBATION

ONE YEAR SUSPENDED DRIVER'S LICENSE

$100 FINE

COST OF COURT

SUBSTANCE ABUSE ASSESSMENT

YOUR CHOICE OF:

  1. 24 HOURS OF COMMUNITY SERVICE ($250 FEE)

OR B. 24 HOURS IN JAIL ($40 fee)

IF YOU ARE CONVICTED, THE SENTENCE YOU GET CAN RANGE ANYWHERE BETWEEN THESE TWO EXTREMES. OTHER TERMS CAN INCLUDE, BUT ARE NOT LIMITED TO, SUPERVISED PROBATION, HIGHER FINES, MORE COMMUNITY SERVICE, NO LIMITED DRIVING PRIVILEGE, A LIMITED DRIVING PRIVILEGE CONDITIONED ON YOUR OPERATION OF A CAR EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, A LONGER DRIVER'S LICENSE SUSPENSION, OR SOME PERIOD OF ACTIVE JAIL TIME.

PENALTIES FOR A SECOND OR SUBSEQUENT OFFENSE ARE MUCH HARSHER AND GENERALLY INCLUDE SOME PERIOD OFACTIVEJAIL TIME THAT CAN NOT BE SUSPENDED

**WARNING*\* ANY SENTENCE YOU GET WILL REQUIRE YOU TO SUBMIT ON THE REQUEST OF ANY LAW ENFORCEMENT OR PROBATION OFFICER TO ANY PHYSICAL, CHEMICAL, BLOOD, BREATH OR URINE TEST FOR THE DETECTION OF ALCOHOL OR CONTROLLED SUBSTANCES. WHAT THAT MEANS IS, IF YOU ARE PULLED OVER FOR A DWI WHILE YOU ARE ON PROBATION, THE OFFICER MAY TELL YOU THAT YOU HAVE THE RIGHT TO REFUSE TO BE TESTED. HOWEVER, IF YOU DO REFUSE, IT WOULD BE A VIOLATION OF THE COURT JUDGMENT AND YOU COULD BE REQUIRED TO SERVE THE ACTIVE PORTION OF YOUR SUSPENDED SENTENCE IN JAIL.

**WARNING*\* IN SOME CASES YOU MAY BE REQUIRED TO INSTALL AN IGNITION INTERLOCK DEVICE ON YOUR CAR AS A CONDITION OF A LIMITED DRIVING PRIVILEGE, OR A CONDITION OF RESTORATION OF YOUR LICENSE BY DMV. If an interlock is required, you will not be eligible for any type of driving privilege for the first forty-five days after your conviction.

**WARNING*\* When your license is restored by DMV after a conviction for DWI, you are subject to a lower BAC standard than .08. It can either be .04 , or ZERO TOLERENCE,(.00).