DWI SENTENCING ISSUES
In addition to the significant fines, costs and insurance surcharges that occur with all convictions for DWI there are other important sentencing considerations for DWI offenses as follows:
First offenses. There is a mandatory revocation of a driving license for seven to twelve months if the BAC is .10 % of higher and three months if the BAC is from .08 % to .09% or it is a case of being under the influence of liquor of drugs with no BAC reading. There is also a mandatory stay in an intoxicated driver resource center for 12 to 48 hours. Usually there is no jail time for a first offense but the statute does allow up to 30 days. There is a mandatory installation of an interlock device on defendant's motor vehicle if the BAC is .15% or higher which requires the operator to provide breath samples before the vehicle may be started. The statutes do not allow a suspended driver to have the right to travel to and from work.
For a second offense there is a mandatory revocation of the drivers license for two years plus a mandatory 30 days community service, jail from 2 days to 90 days, and mandatory installation of interlock device on the motor vehicle.
For a third or subsequent offenses there is a mandatory revocation of the driving license for ten years, 30 days of community service, and mandatory jail for 180 days of which up to 90 days may be served in a rehabilitation program, and mandatory installation of interlock device on the motor vehicle.
A step down is allowed for second or third offenses if the current offense occurred more than ten years from the prior offense. An example of a stepdown would be if a second offense occurred more than ten years from the first offense then the second offense would be treated as a first offense for sentencing purposes. The same would be true for a third offense occurring more than ten years from the second offense. A prior conviction for refusal to submit to a breath test will not enhance a subsequent conviction for DWI. However a prior conviction for DWI will enhance a subsequent conviction for refusal to submit to a breath test. In other words a person with one prior conviction for DWI will be treated as a second offender for a subsequent conviction for Refusal to submit to a breath test.
Attorney Steven D. Rothblatt has the expertise, knowledge, and experience to help you and defend you if charged with any type of DWI offense.
