A 1st conviction for DWI is a Class B misdemeanor punishable by from 3 days to 180 days in jail, and a fine of up to $2000.00. As of September 1, 2003 if there was a passenger in the vehicle at the time of the offense under the age of 15, it is a state jail felony, with a punishment range of 180 days to 2 years in State Jail and a fine of up to $10,000.00.

A 2nd conviction for DWI is a Class A misdemeanor punishable by from 30 days to 1 year in jail, and a fine of up to $4000.00.  As of September 1, 2003 if there was a passenger in the vehicle at the time of the offense under the age of 15, it is a state jail felony, with a punishment range of 180 days to 2 years in State Jail and a fine of up to $10,000.00.

A 3rd conviction for DWI is a 3rd degree felony, punishable by from 2 to 10 years, and a fine of up to $10,000.00.

In addition to these criminal sanctions, drivers convicted of DWI now face an annual surcharge for a DWI first convicton of $1000.00 per year for 3 years, $1500.00 per year for three years for a second or subsequent conviction within a 36 month period, and $2000.00 per year for three years if it is shown at trial that the person's breath, blood or urine showed an alcohol concentration of 0.16 or more at the time the analysis was performed.

There are other additional matters associated with a DWI which concern your drivers license:

For a DWI 1st offense:

• Your license will be automtically suspended if you do not request a hearing within 15 days of when you were first arrested.
• If you declined to provide a breath/blood sample your license could be suspended for 180 days.
• If you provide a sample and your results were .08 or higher, your license could be suspended for 90 days.
• If your license is suspended, you are eligible to receive an "Occupatioanl Drivers License" for driving which is considered an essential need such as work or school.  This license is valid for up to 12 hours per day.  An Occupational Drivers License is not available for a commercial drivers license.

For a DWI 2nd offense

• Your license will be automtically suspended if you do not request a hearing within 15 days of when you were first arrested.
• If you declined to provide a breath/blood sample your license could be suspended for 2 years.
• If you provide a sample and your results were .08 or higher, your license could be suspended for 90 days.
• You may still be eligible for an Occupational Drivers License but a waiting period of 91 days to 1 year may apply for the Occupational Drivers License to become valid.

If you have been charged with DWI please call immediately to avoid missing any deadlines concerning your case. We will be pleased to answer any questions you have with no cost for the intial consultaion.

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