Wednesday, September 14, 2005

DWI Punishments

In the comments section to the last post, Blondie was surprised, I think, that my client got probation for his third DWI. This got me wondering about how the various states punish DWI offenses. I'd be interested in anybody offering up their states system in the comments section. Here is the punishment scheme in Texas:

DWI - Class B misdemeanor - up to 180 days in county jail or probation

DWI 2nd - Class A misdemeanor - up to one year in county jail or probation (at least 3 days in county jail as a condition of probation)

DWI w/ child - state jail felony - 180 days - 2 years in state jail or probation

DWI 3rd - 3rd degree felony - 2-10 years in prison or probation (at least 10 days in jail as a condition of probation)

Intoxication assault - 3rd degree felony - 2-10 years in prison or probation (at least 30 days in jail as a condition of probation)

Intoxication manslaughter - 2nd degree felony - 2-20 years in prison or probation (at least 120 days in jail as a condition of probation)

As always, it's important to remember that Texas is unusual in that virtually every felony except capital murder can be punished with probation if you have not been convicted of a prior felony.

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