Penalties for DUI / DWI
Maximum Fine $10,000 and/or Imprisonment
-
First Offense:
A first-offense conviction includes a fine not to exceed
$2,000.00 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).
-
Second Offense:
The maximum fine increases to no more than $4,000.00 and/or
jail from 30 days to one year, and a possible driver's
license suspension ranging from 180 days to 2 years. (Class
A Misdemeanor).
-
Third Offense:
Here, you may receive a fine up to $10,000.00 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).
-
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 $2,000.00. (Class B Misdemeanor).
Penalties for Intoxication Assault
or Intoxication Manslaughter
-
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 $10,000.00. (3rd Degree Felony).
-
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 $10,000.00 and/or
be imprisoned from 2 to 20 years (Intoxicated Manslaughter
or Manslaughter with use of Deadly Weapon are both 2nd
Degree Felonies).
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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