As of August 15, 2010, the penalties for alcohol-related and drug-related
driving convictions are as follows:

Driving While Ability Impaired ("DWAI") – First Alcohol-Related or Drug-Related Driving Conviction:

• Traffic infraction, not a crime.
• Jail: between 0 days and 15 days.
• Fine: between $300 and $500.
• Suspension of driver's license: 90 days, except for i) drivers under 21 years old and ii) drivers who possess commercial driver's licenses.
• Surcharge: $255.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: eligibility likely.

DWAI – Second Alcohol-Related or Drug-Related Driving Conviction Within 5 Years:

• Traffic infraction, not a crime.
• Jail: between 0 days and 30 days.
• Fine: between $500 and $750.
• Revocation of driver's license: at least 6 months.
• Proof of alcohol rehabilitation required to obtain new license.
• Revocation of registration (at judge's discretion): at least 6 months.
• Surcharge: $255.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: not eligible.

DWAI – Third Alcohol-Related or Drug-Related Driving Conviction Within 10 Years.

• Misdemeanor.
• Jail: between 0 days and 180 days.
• Probation: 3 years.
• Fine: between $750 and $1,500.
• Revocation of driver's license: at least 18 months.
• Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
• Revocation of registration (at judge's discretion): at least 6 months.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: not eligible.

DWAI – Third Alcohol-Related or Drug-Related Driving Conviction Within 10 Years.

• Misdemeanor.
• Jail: between 0 days and 180 days.
• Probation: 3 years.
• Fine: between $750 and $1,500.
• Revocation of driver's license: at least 18 months.
• Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
• Revocation of registration (at judge's discretion): at least 6 months.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: not eligible.

DWI – First Alcohol- or Drug-Related Driving Conviction (Other Than DWAI):

• Misdemeanor.
• Jail: between 0 days and 1 year.
• Probation: 3 years.
• Fine: between $500 and $1,000.
• Revocation of driver's license: at least 6 months.
• Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
• Revocation of registration (at judge's discretion): at least 6 months.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: possibly eligible.

DWI – Second Alcohol-Related or Drug-Related Driving Conviction (Other than DWAI) Within 10 Years (Where District Attorney Agrees to Misdemeanor Plea Rather than Felony Plea):

• Misdemeanor.
• Jail: i) between 5 days (or 30 days community service) and 1 year if predicate conviction within 5 years of arrest on current charge; otherwise ii) between 0 days and 1 year.
• Probation: 3 years.
• Fine: between $500 and $1,000.
• Revocation of driver's license: at least 1 year.
• Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
• Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
• Revocation of registration (at judge's discretion): at least 1 year.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
• Conditional License: possibly eligible if predicate conviction occurred more than 5 years before arrest on current charge.

Aggravated DWI – First Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI):

• Misdemeanor.
• Jail: between 0 days and 1 year.
• Probation: 3 years.
• Fine: between $1,000 and $2,500.
• Revocation of driver's license: at least 1 year.
• Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
• Revocation of registration (at judge's discretion): at least 1 year.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: possibly eligible.

Aggravated DWI – Second Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI) Within 10 Years (Where District Attorney Agrees to Misdemeanor Plea Rather than Felony Plea):

• Misdemeanor.
• Jail: between 0 days and 1 year.
• Probation: 3 years.
• Fine: between $1,000 and $2,500.
• Revocation of driver's license: at least 18 months.
• Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
• Revocation of registration (at judge's discretion): at least 18 months.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.

Driving While Ability Impaired by Drugs – First Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI):

• Misdemeanor.
• Jail: between 0 days and 1 year.
• Probation: 3 years.
• Fine: between $500 and $1,000.
• Revocation of driver's license: at least 6 months.
• Revocation of registration (at judge's discretion): at least 6 months.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: not eligible.
• Restricted Use License: possibly eligible.

Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs – First Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI):

• Misdemeanor.
• Jail: between 0 days and 1 year.
• Probation: 3 years.
• Fine: between $500 and $1,000.
• Revocation of driver's license: at least 6 months.
• Revocation of registration (at judge's discretion): at least 6 months.
• Surcharge: $395.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Conditional License: possibly eligible.

Class E Felony DWI, Class E Felony Aggravated DWI, Class E Felony DWAI by Drugs, or Class E Felony DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs:

• Class E felony.
• Jail: i) between 5 days (or 30 days community service) and 4 years if predicate conviction occurred within 5 years of arrest on current charge; otherwise ii) between 0 days and and 4 years.
• Probation: 5 years, which can include prohibition from driving throughout entire term of probation.
• Fine: between $1,000 and $5,000.
• Revocation of driver's license: at least 1 year.
• Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
• Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
• Revocation of registration (at judge's discretion): at least 1 year.
• Surcharge: $520.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
• Conditional License: possibly eligible if predicate conviction occurred more than 5 years prior to arrest on current charge.

Class D Felony DWI, Class D Felony Aggravated DWI, Class D Felony DWAI by Drugs, or Class D Felony DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs:

• Class D felony.
• Jail: i) between 10 days (or 60 days community service) and 7 years if predicate conviction occurred within 5 years of arrest on current charge; otherwise ii) between 0 days and and 7 years.
• Probation: 5 years, which can include prohibition from driving throughout entire term of probation.
• Fine: between $2,000 and $10,000.
• Revocation of driver's license: at least 18 months.
• Proof of alcohol rehabilitation required to obtain new license.
• Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
• Revocation of registration (at judge's discretion): at least 1 year.
• Surcharge: $520.
• Driver Responsibility Assessment: $250/year for 3 years.
• Victim Impact Panel attendance.
• Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.