Are There Different Levels to a DWI?

Driving while intoxicated (DWI) is a severe offense in all states. It is a criminal act that can result in fines, jail time, and a criminal record that could haunt you for years. There are different levels of a DWI, and the consequences vary depending on the level of the offense.

Section 1: First-Offense DWI

A first-offense DWI is considered a misdemeanor in most states. However, some states may classify it as a felony if a passenger in the car is 16 years or younger. The penalties for a first-offense DWI include fines, license suspension, and possibly jail time. Fines can range from a few hundred dollars to several thousand dollars, depending on the state and the circumstances of the offense. Jail time can be as few days or as long as a year.

Section 2: Repeat Offense DWI

If you are convicted of a DWI for a second or subsequent time, the penalties will be much more severe. Repeat offenses are considered more serious and will result in harsher penalties. In most states, a second DWI conviction is considered a felony and can result in several years of jail time, fines, and license suspension.

Section 3: High BAC DWI

In some states, if you are pulled over and your blood alcohol concentration (BAC) is over a certain limit, you may be charged with a high BAC DWI. This is also called an aggravated DWI or an extreme DWI. The BAC limit can vary from state to state, but it is usually around 0.15%. The penalties for a high BAC DWI are usually more severe than those for a regular DWI. You may face longer jail time, higher fines, and a longer license suspension.

Section 4: DWI with Injury or Death

If you are involved in an accident while driving under the influence, and someone is injured or killed, you may be charged with a felony DWI. The penalties for a DWI with injury or death can be severe and life-altering. Depending on the circumstances, you may face several years in prison, thousands of dollars in fines, and a permanent criminal record.

Austin DWI Attorney

If you are facing a DWI charge, contact our team at Smith & Vinson Law Firm to help you understand your options and defend your rights. Contact us today at (512) 359-3743 to get started.