Every alcohol or drug conviction brings a fine, possible jail and a license penalty, and each gets worse with repeat offenses. The minimums below are the state's; courts can go higher.
Aggravated DWI (.18 BAC or higher)
| Conviction | Fine | Jail | License |
|---|---|---|---|
| 1st (misdemeanor) | $1,000 – $2,500 | Up to 1 year | Revoked at least 1 year |
| 2nd within 10 yrs (class E felony) | $1,000 – $5,000 | Up to 4 years | Revoked at least 18 months |
DWI (.08 BAC or higher) or DWAI-Drug
| Conviction | Fine | Jail | License |
|---|---|---|---|
| 1st (misdemeanor) | $500 – $1,000 | Up to 1 year | DWI: 6-mo revocation; DWAI-D: 6-mo susp. |
| 2nd within 10 yrs (class E felony) | $1,000 – $5,000 | Up to 4 years | Revoked at least 1 year |
Know the rule
A second DWI or DWAI-drug conviction also brings at least 5 days in jail or 30 days of community service (for a DWI within the prior 5 years).
Handbook p. 58 ↗DWAI-Combination (alcohol and drugs)
| Conviction | Fine | Jail | License |
|---|---|---|---|
| 1st (misdemeanor) | $500 – $1,000 | Up to 1 year | Revoked at least 6 months |
| 2nd within 10 yrs (class E felony) | $1,000 – $5,000 | Up to 4 years | Revoked at least 1 year |
DWAI (BAC more than .05 up to .07)
| Conviction | Fine | Jail | License |
|---|---|---|---|
| 1st (traffic infraction) | $300 – $500 | Up to 15 days | 90-day suspension |
| 2nd within 5 yrs (infraction) | $500 – $750 | Up to 30 days | Revoked at least 6 months |
| 3rd within 10 yrs (misdemeanor) | $750 – $1,500 | Up to 180 days | Revoked at least 6 months |
Know the rule
The fines shown don't include the mandatory surcharge or crime victims' assistance fee.
Handbook p. 58 ↗Know the rule
A third or later conviction within 10 years can bring higher fines, longer jail and bigger license penalties, including lifetime revocation.
Handbook p. 58 ↗Know the rule
Returning your license isn't automatic: DMV decides when, you must reapply, and you may have to pass a test. License actions for drivers under 21 are different.
Handbook p. 58 ↗Put it into practice
A first-time DWI conviction at .10 BAC: a $500 to $1,000 fine plus surcharges, up to a year in jail, and a license revocation of at least six months. A second DWI within 10 years is a class E felony, with up to 4 years in jail.