Is a DWI a Misdemeanor?
In the United States, driving while intoxicated (DWI) is a criminal offense that can have severe consequences, including fines, imprisonment, and a suspended or revoked driver’s license. But is a DWI a misdemeanor or a felony?
Direct Answer:
The answer depends on the state and the specific circumstances of the case. In general, a DWI is considered a misdemeanor in most states, but there are some exceptions.
What is a Misdemeanor?
Before we dive into the specifics of DWI laws, let’s define what a misdemeanor is. A misdemeanor is a type of criminal offense that is considered less serious than a felony. Misdemeanors are typically punishable by a maximum sentence of less than one year in jail, and may also result in fines, community service, and probation.
DWI Laws by State
DWI laws vary from state to state, and some states have stricter penalties than others. Here is a breakdown of DWI laws by state:
| State | Classification of DWI | Penalties |
|---|---|---|
| Alabama | Misdemeanor | Up to 1 year in jail, fine up to $2,100 |
| Alaska | Misdemeanor | Up to 1 year in jail, fine up to $10,000 |
| Arizona | Misdemeanor | Up to 1 year in jail, fine up to $2,500 |
| Arkansas | Misdemeanor | Up to 1 year in jail, fine up to $2,000 |
| California | Misdemeanor (first offense) | Up to 6 months in jail, fine up to $1,000 |
| Colorado | Misdemeanor (first offense) | Up to 1 year in jail, fine up to $500 |
| Connecticut | Misdemeanor | Up to 1 year in jail, fine up to $8,000 |
| Delaware | Misdemeanor | Up to 6 months in jail, fine up to $2,500 |
| Florida | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Georgia | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Hawaii | Misdemeanor | Up to 1 year in jail, fine up to $3,000 |
| Idaho | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Illinois | Misdemeanor (first offense) | Up to 1 year in jail, fine up to $2,500 |
| Indiana | Misdemeanor | Up to 1 year in jail, fine up to $10,000 |
| Iowa | Misdemeanor | Up to 1 year in jail, fine up to $1,850 |
| Kansas | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Kentucky | Misdemeanor | Up to 1 year in jail, fine up to $500 |
| Louisiana | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Maine | Misdemeanor | Up to 1 year in jail, fine up to $5,000 |
| Maryland | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Massachusetts | Misdemeanor | Up to 2.5 years in jail, fine up to $5,000 |
| Michigan | Misdemeanor | Up to 1 year in jail, fine up to $500 |
| Minnesota | Misdemeanor | Up to 1 year in jail, fine up to $3,000 |
| Mississippi | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Missouri | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Montana | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Nebraska | Misdemeanor | Up to 1 year in jail, fine up to $500 |
| Nevada | Misdemeanor | Up to 1 year in jail, fine up to $2,000 |
| New Hampshire | Misdemeanor | Up to 1 year in jail, fine up to $2,000 |
| New Jersey | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| New Mexico | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| New York | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| North Carolina | Misdemeanor | Up to 1 year in jail, fine up to $2,000 |
| North Dakota | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Ohio | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Oklahoma | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Oregon | Misdemeanor | Up to 1 year in jail, fine up to $2,500 |
| Pennsylvania | Misdemeanor | Up to 1 year in jail, fine up to $5,000 |
| Rhode Island | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| South Carolina | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| South Dakota | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Tennessee | Misdemeanor | Up to 1 year in jail, fine up to $2,500 |
| Texas | Misdemeanor | Up to 1 year in jail, fine up to $2,000 |
| Utah | Misdemeanor | Up to 1 year in jail, fine up to $2,500 |
| Vermont | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Virginia | Misdemeanor | Up to 1 year in jail, fine up to $2,500 |
| Washington | Misdemeanor | Up to 1 year in jail, fine up to $5,000 |
| West Virginia | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Wisconsin | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
| Wyoming | Misdemeanor | Up to 1 year in jail, fine up to $1,000 |
Felonies
In some states, a DWI can be charged as a felony if the defendant has a prior conviction or if the incident involves specific circumstances, such as:
- A high blood alcohol content (BAC)
- Causing an accident that results in serious injury or death
- Committing the offense while operating a commercial vehicle
- Having a prior DWI conviction
Consequences of a DWI Conviction
Regardless of whether a DWI is considered a misdemeanor or a felony, a conviction can have severe consequences, including:
- Jail or imprisonment: Fines, imprisonment, and probation are all possible consequences of a DWI conviction.
- Fines: Fines can range from a few hundred dollars to thousands of dollars, depending on the state and the circumstances of the case.
- Driver’s license suspension or revocation: A DWI conviction can result in a suspension or revocation of your driver’s license, which can make it difficult to get to work, school, or other important destinations.
- Ignition interlock device (IID): In some states, a DWI conviction may require the installation of an IID, which is a device that must be installed on your vehicle’s ignition system to prevent it from starting if it detects the presence of alcohol.
Conclusion
In conclusion, while a DWI is generally considered a misdemeanor, the specific circumstances of the case can affect the severity of the punishment. If you are facing a DWI charge, it is important to seek the advice of a qualified attorney to understand the specific laws and penalties in your state and to help you navigate the legal process.
