DWI Penalties
What are the penalties for Alcohol-related or Drug-related Violations?
Usually, a first time offender will not serve a jail sentence.
The possibility is still there, however, to be sentenced to a jail
term of up to one year. More often than not, though, the sentence
will be suspended by a judge and the offender will be sentenced
to probation. If the terms of the probation are not met, the judge
can revoke the probation and send the offender to jail.
Obviously, penalties are much stiffer for a second or third conviction
of a DWI or other related violation. For example, fines for a second
offense can run up to $5,000 and carry with it a jail term of up
to four years. A third offense can result in a $10,000 fine and
up to 7 years in prison. In all cases, the driver's license will
be revoked.
Some conditions of probation include:
1. Community Service
2. Taking a DWI awareness class
3. Report to your probation officer, most often, monthly
4. Do not drink alcohol or consume other drugs
5. Maintain a job
6. Do not break any other laws
| Penalties for Alcohol-related and Drug-related
Violations |
| Specific Violation |
Mandatory Fine (1) |
MaximumJail Term |
Mandatory Driver License Action (2) |
| Driving While Intoxicated (DWI) |
$500 - $1,000 |
1 year |
Revoked for at least six months |
| Second DWI violation in 10 years (E felony) |
$1,000 - $5,000 |
4 years |
Revoked for at least one year |
| Third DWI violation in 10 years (D felony) |
$2,000 - $10,000 |
7 years |
Revoked for at least one year |
| Driving While Ability Impaired (DWAI) |
$300 - $500 |
15 days |
Suspended for 90 days |
| Second DWAI violation in 5 years |
$500 - $750 |
30 days |
Revoked for at least six months |
| Zero Tolerance Law |
$125 civil penalty and $100 fee to terminate suspension |
None |
Suspended for six months |
| Second Zero Tolerance Law |
$125 civil penalty and $100 re-application fee |
None |
Revoked for one year or until age 21 |
| Chemical Test Refusal |
$300 civil penalty ($350 for commercial drivers) |
None |
Revoked for at least six months. |
| Chemical Test Refusal within five years of a previousDWI-related
charge |
$750 civil penalty |
None |
Revoked for at least one year. |
Chemical Test Refusal
---------------
Zero Tolerance Law |
$300 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
Chemical Test Refusal
---------------
Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
| Driving Under the Influence(Out-of-State) |
N/A |
N/A |
Revoked at least 90 days. If less than 21 years of age, revoked
at least one year. |
| Driving Under the Influence(Out-of State) with any previous
alcohol or drug violation |
N/A |
N/A |
Revoked at least 90 days. If less than 21 years of age, revoked
at least one year or until age 21 (longest term). |
| Take notice that surcharges are added to misdemeanors
($160) and felonies ($270). In addition, the driver license
penalties for drivers under the age of 21 and for professional
drivers are different. |
Can I get a conditional license if I was convicted of DWI or
DWAI?
If you receive your first conviction for DWI or DWAI and you participate
in the Drinking Driver Program (DDP), you can receive a conditional
license. The DMV determines if you are eligible for the DDP. A judge
can stop your enrollment in the DDP.
Signs Police Look For :
Being accused of Driving While Intoxicated (DWI) or Driving Under
the Influence (DUI) is serious, and there are a few signs that serve
as red flags for police officers on patrol who may be looking out
for drunk drivers specifically:
- If your tires are riding on the on center line between lanes
or between a lane and the shoulder
- Accelerating or decelerating rapidly
- Making turns of a wide radius
- Making sudden or turns
- Weaving, veering, drifting, etc.
- Almost running into an object or another vehicle
- Braking randomly
- If you exhibit slow response times to traffic signals and signs
- If you are traveling at a speed more than 10 mph below the limit
In the event that you are stopped, an officer is trained to look
for some tell-tale signs that show you have been drinking:
- An odor of alcohol on you or in your car
- Slurred or slowed speech
- Red, glassy, or bloodshot eyes
- Swaying or difficulty balancing when asked to get out of the
car
- Actually leaning on the car to hold you up
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