If a judge finds you guilty of Driving While Intoxicated (DWI) or of driving with a BAC of .08% or more, you can't legally drive once the ticket reaches the Department. Your license is suspended, revoked or denied based on your record, points are added, and you're notified by mail.
Court-convicted DWI/BAC: jail and fines
| Offense | Jail | Fine |
|---|---|---|
| 1st | Up to six months | Up to $500 |
| 2nd | Up to one year | Up to $1,000 |
| 3rd | Up to four years | Up to $5,000 |
| 4th | Up to seven years | Up to $5,000 |
| 5th | Between five and 15 years | Not listed |
Court-convicted DWI/BAC: license actions
| Offense | License action |
|---|---|
| 1st | 90-day suspension (90- or 60-day RDP possible) |
| 2nd | One-year revocation |
| 2nd within 5 years | Five-year denial |
| 3rd and subsequent | Ten-year denial |
Know the rule
Only a BAC conviction dated August 28, 2009 or later counts toward a five-year denial.
Handbook p. 70 ↗Know the rule
If you refuse a chemical test to determine your BAC when stopped by an officer, your license is taken away for one year.
Handbook p. 72 ↗To be reinstated after an intoxication-related offense:
- Pay a $45 fee
- Complete a Substance Awareness Traffic Offender Program (SATOP) or comparable program
- Provide proof of insurance for two years (SR-22 filing)
- Install an ignition interlock device (IID), if required, for at least six months
An IID is required for reinstatement if you:
- Have more than one intoxication-related law enforcement contact
- Had an alcohol conviction with a BAC of .15% or higher
- Caused property damage or bodily harm
Ignition interlock device (IID)
A unit connected to the vehicle's ignition, horn and headlights that measures breath alcohol. You must give a breath sample before starting and periodically while driving.
Handbook p. 72 ↗Know the rule
Keep the IID on any vehicle you drive for at least six months from reinstatement, with no violations in the last three months. You pay to install it and to have it serviced every month.
Handbook p. 72 ↗Know the rule
If you don't maintain the IID, you're re-suspended until you have it serviced or installed, send proof to the Driver License Bureau, and pay a $20 reinstatement fee.
Handbook p. 72 ↗Know the rule
A court may add requirements, such as an IID after a first DWI conviction or for longer than six months.
Handbook p. 72 ↗Convicted of failing to have a required IID
| Offense | Result |
|---|---|
| First | One-year revocation |
| Second | Driving privilege taken for five years |
Put it into practice
Your first DWI conviction showed a BAC of .16%. Besides the $45 fee, SATOP and two years of SR-22, you need an IID on every vehicle you drive for at least six months, because your BAC was .15% or higher.