What Kind of Sentence to Expect For Your Second or Third DWI
Second Offense
After a defendant’s first DWI offense, the severity of the sentence for any subsequent DWI increases exponentially. He will receive an administrative license suspension for 60 days and then a license suspension for three years. He will be forced to pay a minimum of $500 in fines and then additionally any court-ordered restitution. If the second DWI conviction comes within 5 to 10 years of the first offense, the defendant will be sentenced to a mandatory minimum of 10 days in jail. If the second DWI conviction comes within fewer than 5 years of the first DWI conviction, then he will serve a mandatory one-month to one year in jail. He will be ordered to install an ignition interlock device on his vehicle. This conviction will appear on the defendant’s criminal record. There are also potential increases in required jail time for exceptionally high BACs.
Third Offense
A conviction for a third DWI carries a mandatory $1,000 fine, mandatory indefinite driver’s license revocation, and prosecution as a Class 6 felony. The classification as a felony means the defendant’s vehicle is subject to seizure and forfeiture. If this is the defendant’s third DWI offense within 5 years of his prior convictions, he will be sentenced to a mandatory 6 months in jail. If it is within 10 years of his last DWI offense, he will serve a mandatory minimum 90 days in jail. He will be also be ordered to install an iginition interlock device on his car. This conviction will appear on the defendant’s criminal record.
