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
|
