A first DWI conviction could cost you about $4,500 in court costs, fines and lawyer fees. Penalties climb steeply with each conviction, and the third is a felony. Crashes that injure or kill bring separate serious crimes.
DWI maximum penalties
| Conviction | Jail / prison | Fine | License loss |
|---|---|---|---|
| 1st | 6 months | $1,000 + court costs | 365 days |
| 2nd | 6 months (48 hours mandatory) | $1,000 + court costs | 2 years |
| 3rd (felony) | 1-5 years (30 days mandatory) | $2,000 + court costs | 3 years |
| 4th (felony) | 30 years (30 days mandatory) | $5,000 + court costs | 3 years |
A 3rd or 4th DWI also brings:
- A felony criminal record
- Your vehicle may be seized and sold
- Six weeks inpatient and 12 months outpatient substance abuse treatment
- Home incarceration: for the rest of the sentence (3rd) or five years (4th)
Know the rule
With a felony record you can't vote, and you may be restricted from careers in the military, dentistry, engineering, insurance, law, medicine and public accounting. Some insurers won't sell you auto insurance.
Handbook p. 132 ↗Know the rule
After a DWI conviction you must file and keep proof of future financial responsibility for three years. The court may also require community service, driver improvement programs and substance abuse treatment at your expense.
Handbook p. 132 ↗Know the rule
Driving while intoxicated and causing a crash that kills someone can bring a jail term of up to 30 years.
Handbook p. 132 ↗If you see a drunk driver:
- Stay as far away from the vehicle as possible
- Don't signal the driver to pull over
- Note the plate number and vehicle details without risking your safety
- Pull over and call 911 with a full description and exact location
Vehicular homicide
Killing a person while operating a vehicle, with or without intent. Fines of $2,000 to $15,000 and 5 to 30 years in prison, with at least 1 year mandatory.
Handbook p. 133 ↗Negligent injury while impaired or at 0.08+ BAC
| Offense | Maximum penalty |
|---|---|
| Vehicle negligent injury | $1,000 fine and/or 6 months |
| First degree (serious bodily injury) | $2,000 fine and/or 5 years |
Other driving crimes (fine and jail):
- Reckless driving: operating in a criminally negligent or reckless manner
- Hit and run: not stopping, identifying yourself and giving reasonable aid after a crash
- Flight from an officer: refusing to stop when you know an officer has signaled you
Put it into practice
A driver with two prior DWIs is convicted again. The third conviction is a felony: 1 to 5 years in prison with 30 days mandatory, up to a $2,000 fine, 3 years without a license, and the vehicle may be seized and sold.