2nd Offense DWI

A person is a “prior offender” if the person has been found guilty of one previous intoxication-related traffic offense occurring within five years of the charged offense and will be charged with a Class “A” misdemeanor. The penalties for a second offense are as follows:

Jail time: A second offense can result in up to a maximum of 1 year in jail. The mandatory minimum jail sentence is 48 hours. The jail sentence may be waived in lieu of community service.

If the person has any previous alcohol-related convictions, he or she will be assessed 12 points. 

Any person who receives two convictions or any alcohol contacts (now even BAC count), including driving while intoxicated in a five-year period, will have his or her license revoked, and he or she is not eligible for reinstatement for a period of five years.

The driver may apply for a hardship privilege after two years, provided that neither of the convictions were felonies and provided that the driver is not otherwise ineligible because of having twice refused the breath or blood test, etc.