Operation of a vehicle. A person can be convicted of DWI for operating or attempting to operate a vehicle under the influence. For a conviction, there must be evidence of intent to drive (actual physical control and overt action) but there doesn’t need to be actual movement of the vehicle.
Under the influence. Drivers are prohibited from being under the influence of intoxicating liquors, narcotics, hallucinogens, or habit-producing drugs. “Under the influence” is defined as a substantial deterioration or diminution of the mental faculties or physical capabilities.
Per se DWI. A driver can be convicted of DWI without proof of actual intoxication if the driver’s BAC is .08% or more. This is termed a “per se DWI.” Our BAC calculator can give you an estimate of how many drinks it takes to reach a certain BAC.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 30 days |
48 hours to 90 days |
180 days |
| Fines | $250 to $400 ($300 to $500 if BAC of .10% or more or under influence of drugs) |
$500 to $1,000 | $1,000 |
| Intoxicated Driver Resource Center (IDRC) Program | 12 to 48 hours |
Complete program | Complete program |
| License Revocation | 3 months (7 to 12 months if BAC of .10% or more or under influence of drugs) |
2 years | 10 years |
| Community Service | None |
30 days | Up to 90 days (counts towards jail term) |
888-234-0198
