DRUNK DRIVING PENALTIES
Driving While Intoxicated (DWI)
[.08% and higher Blood Alcohol Content (BAC) or other evidence of intoxication]
| FINE | JAIL SENTENCE | LICENSE ACTION | |
|---|---|---|---|
| 1st Offense (Misdemeanor) | Minimum $500 Maximum $1,000 | Up to 1 Year Minimum | 6-Month Revocation |
| 2nd Offense (Within 10 years / Class E Felony) | Minimum $1,000 Maximum $5,000 | Up to 4 Years Minimum | 1-Year Revocation* |
| 3rd Offense (Within 10 years / Class D Felony) | Minimum $2,000 Maximum $10,000 | Up to 7 Years Minimum | 1-Year Revocation* |
*A person convicted of DWI could be sentenced to 3 years probation for a misdemeanor conviction and 5 years probation for a felony conviction.
Aggravated Driving While Intoxicated
ADWI [.18% and higher Blood Alcohol Content (BAC)]
| FINE | JAIL SENTENCE | LICENSE ACTION | |
|---|---|---|---|
| 1st Offense (Misdemeanor)** | Minimum $1,000 Maximum $2,500 | Up to 1 Year | Minimum 1 Year Revocation |
| 2nd Offense (Class E Felony) | Minimum $1,000 Maximum $5,000 | Up to 4 Years Minimum | 18-Month Revocation |
| 3rd Offense (Class D Felony) | Minimum $2,000 Maximum $10,000 | Up to 7 Years | Minimum 18 Month Revocation |
Driving While Ability Impaired
DWAI [ more than .05% to less than .08% Blood Alcohol Content (BAC) ]
| FINE | JAIL SENTENCE | LICENSE ACTION | |
|---|---|---|---|
| 1st Offense (Traffic Infraction) | Minimum $300 Maximum $500 | Up to 15 Days | 90-Day Suspension |
| 2nd Offense Within 5 years (Traffic Infraction) | Minimum $500 Maximum $750 | Up to 30 Days Minimum | 6-Month Revocation* |
| 3rd Offense Within 10 years (Misdemeanor) | Minimum $750 Maximum $1,500 | Up to 180 Days | Minimum 6-Month Revocation* |
Zero Tolerance
Drivers Under 21 [DMV administrative finding of .02% to .07% Blood Alcohol Content (BAC)]
| CIVIL PENALTY | LICENSE ACTION | ADDED FEE | |
|---|---|---|---|
| 1st Offense | Minimum $125 | 6-Month Suspension | $100 Suspension Termination Fee |
| 2nd Offense | Minimum $125 | 1-Year Revocation or $100 Re-Application Fee until age 21, whichever is longer |
* The Department of Motor Vehicles decides when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must apply for your license, pay civil penalities, a relicense fee and you may have to take a test.
** Cannot plead below DWI Misdemeanor
