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DWI is a criminal offense that varies in punishment and classification depending on local laws. Offenses can range from petty misdemeanors to felonies and can result in fines, imprisonment, and license revocation. Repeat offenders and those who cause injury face harsher penalties.
Driving while intoxicated (DWI) is a criminal offense classified as a misdemeanor, less serious than a misdemeanor. The actual offense that constitutes a DWI offense and the punishment for a conviction will vary from place to place, depending on local laws. An offense classified as a DWI offense in one jurisdiction may constitute a felony or misdemeanor in another jurisdiction. A person could be charged with a DWI offense if they are alleged to have driven intoxicated and have had no or only a few previous DWI convictions. If the person has had several previous DWI convictions, was in an accident, or caused someone to be injured due to drunk driving, a DWI charge could be filed.
Offenses are usually punishable by less than one year’s imprisonment and a fine, and can be classified into subcategories as petty misdemeanors, petty misdemeanors, or misdemeanors. Felonies typically are offenses that carry the possibility of fines and imprisonment of one year or more and could be classified into subcategories such as first-degree felony, second-degree felony, or aggravated felony. A DWI could fall under any classification, depending on the circumstances, the offense and how the jurisdiction chooses to punish the offence. A jurisdiction’s classification system is important because it affects the rights of people accused of crimes. For example, a person accused of a DWI offense may not be eligible for a jury trial if the offense is punishable by a prison sentence of less than six months.
A felony DWI conviction could allow a person to be released on probation without having to serve prison time. Conversely, a person charged and convicted of a DWI offense typically will not be eligible for probation until he or she has served a specified amount of time in prison. Laws in some places, however, mandate a minimum prison sentence for a DWI offense. A person found guilty of a DWI offense may also have their driver’s license revoked for a period of time and may be required to attend alcohol counseling or driving safety classes.
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