Jail time is one of the most difficult aspects of any DWI penalty for some people; and for those with a second DWI conviction, the jail time can be an even greater burden. However, states are including longer incarceration periods as an integral part of the consequences for a second DWI.
Jail or Prison Terms for DWI
The length of time a DWI offender is required to spend in jail or prison varies greatly, depending on the state in which they are arrested and the severity of the offense. For first time offenders, the penalties have already increased markedly. For a second offense, the consequences are even more difficult. However, jail or Prison time does not stand alone as the only type of “incarceration” penalty.
- Most states have a maximum and minimum jail term for those convicted of a second DWI which ranges from 14 days to 4 years
- Many courts order a combination of jail time and community or public service. If community service is completed, it may reduce the jail term
- Many states also order a jail term with probation. If the probation period is completed without violating any of the requirements, they will be considered to have completed their jail term.
Probation Requirements
While probation can be quite separate from jail time, when they are linked, it is especially important to avoid violating any of the requirements. Those who do may find that they have had their probation revoked and they are back in jail. Some of the common probation requirements including:
- Paying all required fees and fines
- Attending any scheduled court appearances
- Attending or completing required DWI classes or counseling
- Avoiding people the court has excluded
- Avoiding any criminal activity
- Abstaining from any drug or alcohol use
- Never being involved in any level of drinking while driving
- No driving on a suspended license
- Attending scheduled meetings with a probation officer, if required
Getting Legal Help with a Repeat DWI Charge
Law enforcement officials and courts are scrutinizing those convicted of DWI offenses more carefully than ever. Police officers have less tendency to give drivers the benefit of the doubt if they have been arrested for drunk driving in the past. Courts are handing down harsh punishments to further deter these repeat offenders from another such incident. As a result, it is more important than ever that a defendant have committed quality representation if they are going to court over a second DWI conviction. Such representation may convince the court to give a more thorough hearing to their case and show more leniency in their decision-making than they would without it.
