Penalties for DWI are in most cases as follows:
- First offense: a conviction of first-offense includes a fine not to exceed $ 2,000.00 and / or the possibility of serving jail time from three days to 180 days, and a suspension of driver’s license 90-365 days. (Misdemeanor Class B).
- Second offense: the maximum fine increases to no more than $ 4,000.00 and / or imprisonment from 30 days to one year, and a possible suspension of driver’s license that extends from 180 days to 2 years. (Class a misdemeanor).
- Third offense: here, you can be fined up to $ 10,000.00 and / or 2 to 10 years of imprisonment, and suspension of your driver’s license that extends from 180 days to 2 years.
- DWI with an open container of alcohol (first offense): In addition to the penalty concerned about you face a minimum 6 days in jail and a fine of not more than $ 2,000.00. (Misdemeanor Class B).
- DWI with an accident where serious bodily injury occurred as a proximate cause of the poisoning: this crime is called intoxication assault, and the conviction you can serve a minimum of two years up to 10 years in prison. In addition, you can be fined up to $ 10,000.00.
- DWI where a death has occurred as a proximate cause of the poisoning: here, crime is intoxication manslaughter. On the belief you might have to pay a maximum fine of $ 10,000.00 and / or be imprisoned for 2-20 years (the intoxicated manslaughter or manslaughter with use of a deadly weapon is both 2 crimes grade ND).
- A previous DWI conviction and a current friction load racing: racing, drag racing is a misdemeanor Class B, however, becomes a class to misdemeanor where the person had a conviction that competed with the previous friction, a DWI conviction, or had an open alcohol container while driving.
- DWI with child passenger: A person commits a crime in state prison if they drive while intoxicated and there is another person in the vehicle is under 15 years of age. the `punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $ 10,000.00. Some of the minor classifications above you may be eligible for parole, but there is no guarantee that you will receive a probated sentence of imprisonment or a fine. If you are convicted of intoxication assault and want to receive probation, a minimum of 30 days in jail should serve as a condition of probation. In addition, to receive probation on the condemnation of intoxication manslaughter you must serve a minimum of 120 days in jail. However, if you are convicted of manslaughter and intoxication assault for poisoning and the court or jury finds you that you committed the offense with a deadly weapon may be ineligible to receive probation at all.