PENALTIES
FOR DRIVING WHILE INTOXICATED
a) First offense: A
first-offense conviction includes a fine not to exceed $2,000
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 and/or jail
from 30 days to 1 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 and/or 2 to 10 years
of imprisonment and suspension of your driver’s license
ranging from 180 days up to 2 years. (3rd 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. (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. (3rd 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 and/or be
imprisoned from 2 to 20 years. (Intoxicated Manslaughter
and Manslaughter With Use of Deadly Weapon are both 2nd
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 while driving with an open alcohol container.
h) DWI with a child passenger: A
person commits a State jail felony if driving while intoxicated
and there is another person in the vehicle 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.
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.
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