People get arrested for driving while intoxicated (DWI) offenses because of traffic stops or crashes. Some people fail breath tests, while others perform poorly on field sobriety tests. While neither type of testing is absolutely accurate, many drivers assume that their conviction is inevitable after failing tests.
They may choose to plead guilty to a DWI offense, not realizing the risk of doing so. A guilty plea does not limit the possible penalties that the courts may impose. Aggravating factors, prior offenses and the disposition of the judge hearing the case can all influence the sentence handed down.
What types of penalties are possible after a DWI conviction?
Fines
After a first DWI conviction, the courts can order a driver to pay up to $2,000 in fines. A second offense sees the maximum fine increase to $4,000. Third and subsequent DWI convictions are felony offenses, so the penalties possible increase significantly. A driver accused of a third DWI could face fines of up to $10,000. Those fines are in addition to any court costs that the driver needs to cover.
Incarceration
The courts have discretion when it comes to the length of a driver’s imprisonment after a DWI conviction. There are minimum and maximum penalties possible, and a driver’s sentence can vary drastically based on the situation. A first DWI carries a mandatory minimum sentence of three days in jail, but the courts can sentence the driver to up to 180 days in state custody. A second DWI offense can lead to between one month and one year in jail. A third offense, as a felony, results in a prison sentence. A driver may serve between two and 10 years in prison.
Driver’s license suspension
Motorists usually lose their driving privileges after a DWI conviction. A first DWI can result in a one-year suspension, but second and subsequent offenses can result in two years without a driver’s license. Motorists can also expect to pay far more for insurance after they regain their licenses following a DWI. Their premiums may increase. In some cases, they may need to look for a new insurance company because of their convictions.
The only way to avoid those consequences is to fight back against pending DWI charges successfully. Reviewing the state’s case with a skilled legal team can potentially help motorists develop strategies that can protect them from jail time, fines and the loss of their driving privileges.