DWI Sentencing

DWI SENTENCING 

Most people who are convicted of DWI are convicted of a misdemeanor. Although the law provides for felony DWI convictions in  limited circumstances such as felony death by vehicle and felony habitual DWI. 

After a conviction of misdemeanor DWI, the judge must conduct a sentencing hearing to determine your punishment.

 5 Levels of Misdemeanor Punishments ranging from Level 1 (the worst) to Level 5 (least worst).  The level of punishment depends on 3 types of sentencing factors: grossly aggravating factors, aggravating factors and mitigating factors.  We will discuss those factors in detail at your consultation.

 5 Levels of Punishment for Misdemeanor DWI

 

Aggravated Level One  - max possible fine up to $10,000 and mandatory prison term of 12 months to 36 months without parole. 20-179(f3)

 Level 1 - minimum mandatory sentence of 30 days active; supervised probation to a maximum possible sentence of 2 years active and $4000 fine. No limited driving privilege is allowed.

 Level 2 – minimum mandatory sentence of 7 days active and supervised to a maximum possible sentence of 1 year active. No limited driving privilege is allowed.

 Level 3 - community service or 72 hours to 6 months in jail; unsupervised probation, court costs and maximum possible fine of $1000. Limited Driving Privilege allowed if eligible.

 Level 4 - community service or 48 hours to 120 days in jail; unsupervised probation, court costs and maximum possible fine of $500. Limited Driving Privilege allowed if eligible.

 Level 5 - community service or 24 hours to 60 days  in jail; unsupervised probation, court costs and maximum possible fine of $200. Limited Driving Privilege allowed if eligible.

  

Multiple DWI Convictions

 FIRST CONVICTION

  • Mandatory revocation of your driver’s license for a period of one year.
  • Minimum Punishment: Fine up to $100 and not less than 24 hours imprisonment, or 24 hours community service; unsupervised probation
  • Obtain a substance assessment and complete the treatment recomendation
  • Limited Driving Privilege allowed if eligible
  • Maximum Punishment: 60 days in jail.

 

 

 SECOND CONVICTION

  • Mandatory driver’s license revocation for a period of four years if offense date was within 3 years of the offense date in the first conviction. No limited driving privilege.  May be eligible for a DMV hearing after 2 years. 
  • Punishment: Fine up to $2,000, not less than 30 days or more than 2 years
  • Imprisonment depending on other factors in your case.

 

THIRD CONVICTION

  • Mandatory permanent driver’s license revocation if there 2 prior DWI convictions and the most recent offense occurred within the 5 years immediately preceding the offense date for which the driver’s license is being revoked [20-19(e)] OR the driver was sentenced to an Aggravated Level 1 Punishment [20-179(f3)] OR the driver was convicted of Aggravated Serious Injury by Vehicle [20-141.4(a4)]
  • Minimum Punishment: 30 days active jail sentence.
  • Maximum Punishment: 24 months active jail sentence and a possible $4,000 fine.

 

FOURTH CONVICTION

  • Mandatory permanent driver’s license revocation.
  • Conviction is considered a felony if 3 prior DWI convictions within the last 7 years.
  • Minimum punishment is 12 months imprisonment; maximum is 59 months

imprisonment and a fine.

  • The motor vehicle you were driving may be subject to forfeiture.