WARNING: All of these laws can change frequently. There are bills in the legislature changing DWI law every single year. These answers to common questions are not legal advice in any case. Consult an attorney before making decisions and to learn what may have changed, and what applies in your case.

Q: Am I going to jail?

A: Maybe. The politics of DWI have led to the jailing of even some first-time offenders, depending on the facts, the County, the Judge, the prosecutor and the defense lawyer.

A second alcohol-related offense within ten years carries a mandatory minimum 30-day jail sentence. A third offense in ten years carries a mandatory minimum 90-day sentence. A fourth in ten brings 180 days minimum. A fifth timer in ten years is hit with a minimum year in jail. In the summer of 2002, a fourth offense in ten years is an imprisonable felony, and the old license revocation counts as an old offense, even if you got out of the DWI conviction.

There are many legal defenses to explore to your advantage, whether to win the case, or to "win the result". Defend yourself with the best legal advice you can find.

Q: What is a misdemeanor, a gross misdemeanor, or a felony?

A: A misdemeanor charge, (usually a first-time DWI with no one under 16 in the vehicle, and test result under .20), carries a maximum penalty of 90 days in jail and a $1,000 fine.

A gross misdemeanor, (second offense in ten years, or first offense with a child in the car or first offense with a test result of .20 or higher, or a refusal to take the test. All refusals are now gross misdemeanors, at least.), carries a maximum penalty of one year in jail and a fine of $3,000. There is an additional $1,000 on top of that for test results of .20 or higher.

Felony DWI, (fourth offense in ten years), carries a maximum penalty of 7 years in prison and a $14,000 fine.

Q: Can I challenge old offenses enhancing my current charges?

A: Yes. If there are grounds, you may be able to secure a ruling from the judge that the government cannot use an old conviction or revocation to enhance jail time or fines now. Each case must be looked at, as they are all different. This is an area of the law where you must start your defense fast. There is much investigation required in remote counties, and there are copies of paperwork to secure and transcripts of old proceedings that need to be ordered and typed up. Hurry!

Q: Does my juvenile court DWI hurt, or one from another state?

A: Yes, but there are challenges available depending on which State you were dealing with and how their laws read back then. Again, the government lawyer has the advantage over you if you try this without professional advice. DWI law is very complicated - and it keeps changing!

This information may not be used without written permission.

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• Costs Of DWI
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