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