Drunk driving isn’t just a dangerous decision. It is a crime. People who get behind the wheel when they feel tipsy or have elevated blood alcohol concentrations are at risk of criminal prosecution. Operating while intoxicated (OWI) charges are much more serious than a simple traffic ticket.
Motorists don’t just have to pay a fine and move on with their lives. They have to go to court. If they choose to plead guilty, they are at the mercy of the courts regarding the sentence imposed. If they fight the charges, they can theoretically avoid the worst criminal penalties.
It is also sometimes possible to negotiate a plea arrangement to lesser charges or to ask the prosecutor to reduce the penalties in exchange for a guilty plea. Drivers who understand the possible penalties can make more informed decisions regarding how they respond to pending OWI allegations.
What are the three most common penalties imposed for OWI convictions?
1. Incarceration
A jail sentence is likely the biggest concern for most people accused of an OWI offense. They do not want to spend time in prison or lose their jobs because of their incarceration. The jail time possible after an OWI offense depends on the prior record of the driver and whether there are any aggravating factors for the courts to consider. A first-time OWI with no aggravating factors does not carry jail time. Repeat offenses, OWI charges related to crashes that harmed others and cases where there are minors in the vehicle could lead to between five days and 15 years in prison.
2. Financial penalties
Criminal judges have the authority to impose fines as a penalty for an OWI conviction. The fines for OWI offenses range from $150 for a basic first-time conviction to $50,000 in more serious cases. The defendant likely also needs to cover court costs, which can add thousands to the total amount they must pay. While it isn’t a court-imposed penalty, drivers with OWIs on their record can also expect to pay significantly more for car insurance for years after their convictions.
3. Driver’s license revocation
People who have proven that they do not respect the rules of the road may lose their driving privileges. The courts can suspend the driver’s license of a motorist convicted. As is the case for other criminal penalties, the duration of the driver’s license suspension increases with each subsequent conviction. Drivers could lose their licenses for anywhere from six months to three years, depending on the circumstances.
Fighting back against even first OWI charges can protect people from career-damaging and life-altering penalties. They can also avoid the possibility of escalating penalties for any future offenses. Developing a criminal defense strategy before going to trial can help people limit the negativity associated with the aftermath of an OWI charges.