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Driving with excessive blood
alcohol, 1st offense (BAC): operating a motor vehicle with
.08% or more by weight of alcohol in the blood. Punishment is up
to six months in jail.
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Driving while Intoxicated, 1st
offense: operating a motor vehicle while in an intoxicated
condition. Punishment is up to six months in jail.
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Driving while Intoxicated,**
2nd offense: operating a motor vehicle while in an
intoxicated condition, with a prior intoxicated driving offense
in the previous five years. Punishment is up to one year in jail
with a mandatory five days in jail (or 30 days community
service) before probation can be granted.
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Driving while Intoxicated,
Felony 3rd offense: operating a motor vehicle while in an
intoxicated condition, with two prior intoxicated driving
offenses. Punishment is up to 4 years in prison with a mandatory
10 days in jail (or 60 days community service) before probation
can be granted.
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Driving while Intoxicated,
Felony Aggravated Offender: operating a motor vehicle while
in an intoxicated condition, with three prior intoxicated
driving offenses (or one prior vehicular DWI assault or
manslaughter). Punishment is up to 7 years in prison with a
mandatory 60 days in jail before probation can be granted.
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Driving while Intoxicated,
Felony Chronic Offender: operating a motor vehicle while in
an intoxicated condition, with four prior intoxicated driving
offenses (or two prior vehicular DWI assaults or manslaughters).
Punishment is 5 to 15 years in prison with a mandatory 2 years
in prison before probation can be granted.
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Child Endangerment: a DWI
or excessive BAC violation while driving with a child less than
seventeen years old present in the vehicle. Punishment is up to
one year in jail.
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Assault 2nd degree:
operating a motor vehicle while in an intoxicated condition and
acting with criminal negligence to cause physical injury to
another person. Punishment is up to 7 years in prison. (Note:
this punishment jumps to 5 to 15 years if the injury is to a law
enforcement officer, emergency personnel, or a probation and
parole officer).
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Involuntary manslaughter 1st
degree: operating a motor vehicle in an intoxicated
condition, and by criminal negligence, causing the death of
another. Punishment can run all the way up to life in prison
depending on the manner and number of deaths caused, the degree
of intoxication and whether there are prior convictions.
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Felony murder 2nd degree:
If a person is killed as a result of the commission of a felony
(in this case a felony DWI), he may be charged with felony
murder. Punishment is 10 years to life.
* driving under the influence of
drugs (or a combination of drugs and alcohol) may also result in
the filing of most of these charges.
**the higher punishments for repeat DWI offenders also applies
to repeat BAC offenders. |
