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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: $500.00
Maximum: $1,000.00

Up to 1-Year
Minimum
6-Month
Revocation

2nd Offense
(Within 10-years/Class E Felony)

Minimum: $1,000.00
Maximum: $5,000.00
Up to 4-Year
Minimum
1-Year
Revocation *

3rd Offense
(Within 10-years/Class D Felony)

Minimum: $2,000.00
Maximum: $10,000.00
Up to 7-Year
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: $1,000.00
Maximum: $2,500.00

Up to 1-Year
Minimum
6-Month
Revocation

2nd Offense
(Class E Felony)

Minimum: $1,000.00
Maximum: $5,000.00
Up to 4-Year
Minimum
18-Months
Revocation

3rd Offense
(Class D Felony)

Minimum: $2,000.00
Maximum: $10,000.00
Up to 7-Year
 
Minimum 18-Months
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: $300.00
Maximum: $500.00

Up to 15-Days 90-Day Suspension

2nd Offense Within 5-Years
(Traffic Infraction)

Minimum: $500.00
Maximum: $750.00

Up to 30-Days
Minimum

6-Month
Revocation *

3rd Offense Within 10-Years
(Misdemeanor)

Minimum: $750.00
Maximum: $1,500.00
Up to 180-Days
 
Minimum 6-Months
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: $125.00

6-Month Suspension

$100.00 Suspension
Termination Fee

2nd Offense 

Minimum: $125.00

1-Year Revocation or $100.00 ReApplication 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