DWI Sentencing
Preparing For DWI Sentencing

What are the consequences of a DWI conviction?

Even though we hope your case doesn’t have to get to sentencing, by preparing for the worst, our attorneys can help you get back on the road legally as quickly as possible and, more importantly, potentially avoid jail time. We will break down what to expect for each level of DWI below, but as a general rule, the consequences of a DWI are that you will lose your license for a period of time and be ordered to complete a DWI assessment, complete recommended treatment, pay court costs, and some combination of jail, probation, and/or community service. If your case ends up in a guilty plea or verdict, we will show you how we try to get your case sentenced as the least serious type of DWI you can get.

Level 5 DWI

This level of DWI can carry up to 60 days in jail, but you can get as low as 24 hours of community service or jail and unsupervised probation. The best way to get the lowest sentence possible is to be proactive about completing your DWI assessment and starting your treatment before sentencing. If you choose the jail option, you may also substitute one day of in-patient treatment for the 24 hours of jail. If you choose community service, in some cases you may be able to do the community service in advance of your sentencing. With this level of DWI, you will also likely qualify for a limited privilege to drive during your period of suspension.

Level 4 DWI

This level of DWI can carry up to 120 days in jail, but you can get as low as 48 hours of community service or jail and unsupervised probation. The best way to get the lowest sentence possible is to be proactive about completing your DWI assessment and starting treatment before sentencing. If you choose the jail option, you may also substitute two days of in-patient treatment for the 48 hours of jail. If you choose community service, in some cases you may be able to do the community service in advance of your sentencing. With this level of DWI, you will also likely qualify for a limited privilege to drive during your period of suspension.

Level 3 DWI

This level of DWI can carry up to 6 months in jail, but you can get as low as 72 hours of community service or jail and unsupervised probation. The best way to get the lowest sentence possible is to be proactive about completing your DWI assessment and starting treatment before sentencing. If you choose the jail option, you may also substitute three days of in-patient treatment for the 72 hours of jail. If you choose community service, in some cases you may be able to do the community service in advance of your sentencing. With this level of DWI, you will also likely qualify for a limited privilege to drive during your period of suspension.

Level 2 DWI

This level of DWI can carry up to 12 months in jail, but you can get as low as seven days in jail and unsupervised probation. The best way to get the lowest sentence possible is to be proactive about completing your DWI assessment and starting treatment before sentencing. Some judges allow you to substitute all or part of the seven days in jail for seven days of in-patient treatment. If you are ordered to serve seven days in jail, some judges will allow you to set up a schedule of your jail time to minimize its impact on your family or livelihood. With this level of DWI, you will not qualify for a limited driving privilege, and you must wait out your period of suspension.

Level 1 DWI

This level of DWI can carry up to 24 months in jail, but you can get as low as 30 days in jail and unsupervised probation. The best way to get the lowest sentence possible is to be proactive about completing your DWI assessment and starting treatment before sentencing. Some judges allow you to substitute all or part of the 30 days in jail for 30 days of in-patient treatment. If you are ordered to serve 30 days in jail, some judges will allow you to set up a schedule for your jail time to minimize its impact on your family or livelihood. With this level of DWI, you will not qualify for a limited driving privilege, and you must wait out your period of suspension.

Aggravated Level 1 DWI

This level of DWI can carry up to 36 months in jail, but you can get as low as 120 days in jail and 120 days of continuous alcohol monitoring. The best way to get the lowest sentence possible is to be proactive about completing your DWI assessment and starting treatment before sentencing. Some judges allow you to substitute all or part of the 120 days in jail for 120 days of in-patient treatment. If you are ordered to serve 120 days in jail, some judges will allow you to set up a schedule of your jail time to minimize its impact on your family or livelihood, but this isn’t very common. With this level of DWI, you will not qualify for a limited driving privilege, and you must wait out your period of suspension.