Types of DWI Charges and Governing Laws

A DWI is not just a simple traffic infraction. Penalties for DWI are severe even if the person arrested did not cause an accident or do anything dangerous. Each state’s laws vary on penalties for different levels of DWI, which are usually referred to as “degrees” of DWI. Overall, a convicted drunk driver can expect to lose driving privileges for a certain period of time, pay significant fines and fees, attend drug and alcohol treatment programs, participate in community service, and pay significantly higher insurance rates, at the very least.

Most DWI offenders spend a period of time in jail or home confinement as well. DWI offenders are usually sent to local jails unless the offense was particularly severe and classified as a felony, in which case the person may be sent to state prison.

Currently, 45 states are requiring ignition interlock devices to be installed on DWI offenders’ vehicles, usually after the first offense. An ignition interlock device prevents the vehicle from starting until the driver breathes into a breathalyzer machine.

Most states impound and keep the DWI offender’s vehicle after the first offense. Driving under the influence of alcohol or drugs could cause complete loss of the vehicle, which is sold at state auction. This may happen even if there is a loan on the vehicle from a finance company.

Degrees of a DWI Charge

The degree of a DWI charge is typically figured using three criteria:

•    A second offense within ten years
•    A BAC reading of more than .20 percent
•    If a child under 16 was in the vehicle at the time of the arrest

A third degree DWI is a simple misdemeanor DWI charge when the blood alcohol content measures just over the .08 limit. A second degree DWI is a gross misdemeanor and satisfies one or more of the above criteria. A first degree DWI is also a gross misdemeanor and satisfies two or more of the above criteria.

In addition, other factors may enter into the arrest that may enhance the degree of charges and punishments, such as reckless driving, driving after revocation, driving without insurance, and so on. These charges are usually brought in conjunction with a DWI charge and may compound punishments.

Blood Alcohol Concentration (BAC)

The legal limit for all states is .08 percent alcohol in the blood. This is measured in the field using a breathalyzer, but a person arrested for DWI can request a blood test as well. It is not wise to refuse chemical tests or breathalyzer tests, because the law then assumes you are guilty of DWI and you may lose your driving privileges for a very long time—longer than if you failed the BAC test.

If the BAC is over certain other thresholds (which vary by state) the charge is said to be enhanced, or even a felony DWI and subject to greater punishment. For instance, a BAC of .20 will lead to automatic impoundment of license plates in most states, even for a first offense. Each state outlines when a DWI charge may be enhanced in its statutes.

Reckless Driving

Reckless driving does not necessarily mean the drunk driver caused an accident, although obviously an accident would count as reckless driving. Reckless or careless driving is willful disregard of the rules of the road—for speed laws, road conditions, life, limb, or property. These rules can be taken quite broadly when a DWI is charged.

Danger to Children or Other Passengers

It is a very serious matter to law enforcement if they pull someone over for DWI and find a child or other vulnerable passenger in the car with the drunk driver. If there are children in the vehicle when a person is pulled over for DWI, he or she may also be charged with child abuse or child endangerment. These charges are in addition to enhanced DWI charges which may be filed. Multiple counts may be filed if more than one child is present.

A child is considered anyone under the age of 16, or someone who is more than 36 months younger than the driver if he or she is under age 21. If the child is injured in an accident which is attributed to a DWI charge, several gross misdemeanors may be filed in addition to other charges.

Previous Offenses

Each state clearly outlines in its statutes what happens to multiple DWI offenders. Typically, a fourth DWI will find driving privileges revoked forever and time spent in state prison—up to seven years in some states. Again, if previous offenses were first or second degree DWI, they will count more heavily against a repeat offender because the initial charges were enhanced.

Other Factors Which Influence DWI Charges

A drunk driver is rarely charged with just driving under the influence of alcohol. Multiple charges are filed at the time of arrest and usually most of these are dropped by the time the DWI offender has proceeded through the judicial system. Other charges which are frequently filed along with a DWI charge are:

•    Reckless driving
•    Hit and run
•    Speeding
•    Careless operation of a motor vehicle
•    No proof of insurance or proof of registration
•    Manslaughter, if the DWI results in a fatal crash

Some of these charges may be dropped at the time of sentencing.

Finding DWI Statutes for All States

It can be incredibly hard to find information on DWI statutes for specific states using an Internet search engine. Entering “DWI” into a search engine returns tens of thousands of results for lawyers instead of the laws actually regarding DWI charges.

Go to your state’s government website and look for a tab marked “Statutes” or “Legislation” to begin your search for laws and DWI records. Enter “DWI” into the government site’s search and you may narrow your results to applicable statutes. Every state has their statutes published electronically, and the pages are readily accessible.