Punishment for DWI varies depending on the number of offenses committed. A first time DWI offender is typically given a lesser punishment than a repeat offender. Additionally, if a person is arrested with an open container in their motor vehicle, the severity of the punishment increases.
A first offense DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours in jail (3 days.) The maximum penalty is not to exceed 180 days in jail, and a $2000 fine.
A second offense DWI is a Class A misdemeanor, with a minimum term of 30 days in jail. The maximum fine is not to exceed $4000. The maximum jail time is not to exceed one year in jail. If you were to do a probation, the minimum jail term would be 3 days (day for day) in jail. If there is a conviction within the last 5 years, you could face 5 days in jail as a condition of probation.
A third offense DWI is a 3rd degree felony. This carries a punishment range of between 2 years and 10 years in prison, and up to a $10,000 fine. If you were to receive probation, you would have to do 30 days (day for day) in jail.
If it is shown on the trial of a DWI offense that, at the time of the offense, the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense requires a minimum term of confinement of six (6) days in jail.