The penalties possible for drunk driving depend on the circumstances. State prosecutors can bring either misdemeanor or felony driving while intoxicated (DWI) charges against a motorist.
The courts can impose several different consequences after a conviction or guilty plea. An individual convicted of a DWI offense could serve time in state custody. They may be subject to probation. They may be required to cover court costs and pay fines. In most cases, they also risk the loss of their driver’s license. How long can people lose their driving privileges after a DWI conviction?
A driver’s record determines the penalties
Every DWI case is different from the next, and state law addresses many different scenarios. Factors including the overall blood alcohol concentration (BAC) of the driver accused and their prior record influence the penalties the courts decide to impose.
After a first DWI conviction or guilty plea, a driver could lose their license for up to a year. A second offense can result in a two-year license loss. A third DWI is a felony charge in most cases, but the license suspension lasts the same two years as it would after a second offense.
Administrative license suspension is standard
People do not have to wait for a conviction to lose their driving privileges. The state issues an administrative license suspension shortly after a DWI arrest.
State authorities can issue an administrative license revocation for any driver who fails or refuses a chemical test. The automatic revocation lasts for 90 days after a first failed test or 180 days after a first refused test.
Motorists usually only have up to 15 days from the date of their arrest to petition to retain their driving privileges. The state automatically suspends their license 40 days after their arrest.
Navigating the legal system to preserve driving privileges and avoid a criminal conviction can be very difficult for those accused of DWI offenses. Understanding how the state approaches such cases can make a major difference. Drivers facing DWI charges may need help preventing the administrative suspension of their license and fighting their charges so that the courts don’t impose a license suspension as a criminal penalty.