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Felony DWI

If you are charged with driving while intoxicated, driving while impaired due to drugs, or driving while impaired due to a combination of drugs and alcohol, and have a prior conviction within the last 10 years for driving while intoxicated, driving while impaired due to drugs, or driving while impaired due to a combination of drugs and alcohol, the offense may be charged as a felony. The penalties are substantially more severe than misdemeanor charges and involve higher fines, the potential for longer incarceration and a longer license suspension period.

Below are the penalties associated with Felony DWI and Felony DWAI.

Second A- DWI in 10 years (E Felony)
Fine of  $1,000 - $5,000
Incarceration up to 4 years
License:    Revoked for at least 18 months

Third  A- DWI in 10 years (D Felony)
Fine of $2,000 - $10,000
Incarceration up to 7 years
License:     Revoked for at least 18 months

Second DWI/DWAI-Drug violation in 10 years (E Felony)
Fines: $1,000 - $5,000     
Incarceration up to 4 years
License:    Revoked for at least one year

Third DWI/DWAI-Drug violation in 10 years (D Felony)
Fines: $2,000 - $10,000
Jail up to 7 years
License:    Revoked for at least one year

Second DWAI/Combination in 10 years (E Felony)   
Fines $1,000 - $5,000
Incarceration up to 4 years
License:      Revoked for at least one year/18 months

Third DWAI/Combination in 10 years (D Felony)
Fines: $2,000 - $10,000
Incarceration: Up to 7 years
License: Revoked for at least one year/18 months

Driving while intoxicated due to alcohol with a child under the age of 16 yrs old is also a felony under Leandra’s Law. Please see the Leandra’s Law section of this website.