Anyone involved in a DWI case knows that the first offense is bad enough, but if there is a second conviction, the penalties are much more severe, including the probation penalty after second DWI convictions. Jurisdictions all over the country are trying to stop people from drinking and driving because they know the consequences, which can include injuries, property damage, and even death. Many law enforcement agencies are taking steps to keep those convicted of DWI from driving again for a long period of time. In addition, while probation is often one of the penalties handed down after a DWI conviction, it is often accompanied by a suspended license or a limited license to drive.
DWI Penalties
Each state establishes their own penalties for DWI, so it is best to investigate the statues in a particular state for specific information. However, in general, the consequences for a DWI (also known as DWI, DWII, OMVI, and more) include:
- Fines and court fees of $300 to $2,000
- Jail or prison, of from 10 days to 2 years, at the discretion of the court
- Driver’s license revocation or suspension
- DWI school or counseling
- Probation of from 1 to 3 years
- Probation is often accompanied by the mandatory installation of an ignition interlock device to prevent the offender from driving drunk
Those convicted of a second offense have stricter penalties, and in some states those penalties become very severe. Probation is more often at least one year, often two or more for a second offense. In many cases, there is mandatory license suspension during this period, while in others, the court may grant limited driving privileges as long as it is only for necessities like work, school, DWI classes, or the needs of dependents.
Probation Conditions
Probation is often an option for those charged with DWI, but there are numerous restrictions during that period:
- Failing to pay all required fees and fines
- Missing any scheduled court appearances
- Failing to attend or complete required DWI classes or counseling
- Associating with people the court has excluded
- Any criminal activity
- Any drug or alcohol or drug use
- Any incidence of drinking while driving
- If applicable, driving on a suspended license
- Failing to attend scheduled meetings with a probation officer, if required
If a person violates their probation, they may receive a warning, have penalties increased, or have their probation revoked entirely, which may lead to jail time.
Getting Legal Help with a Second DWI Charge
It is vital for someone who has once been convicted of DWI to refrain from drinking and driving in the future. The penalties are so severe and they last so long that it is just not worth it to commit this crime again. However, if someone does do so and is arrested, it is important that they contact a skilled DWI defense attorney to represent them. There may be mitigating circumstances, they may be innocent of the crime, or the arrest may have been illegal. In any of those circumstances and more, having an experienced and dedicated lawyer representing them can make the difference between severe and lasting penalties and another chance
