Second Offense DWI Within 2 Years

FINES: $500-$2,000.

JAIL: Minimum 60 days with 30 days suspended if evaluation is scheduled within 30 days of release and completed within 60 days of release.

LICENSE SUSPENSION: Minimum of 3 years.

OTHER: Mandatory full substance use disorder evaluation; must comply with service plan.

Second Offense DWI Within 2-10 Years

FINES: $750-$2000 plus 24% penalty assessment fee.

JAIL: Minimum 17 days in the county facility, 5 days are mandatory;12 days can be suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release.

LICENSE SUSPENSION: Minimum of 3 years.

Third Offense DWI

FINES: $750-$2000 plus 24% penalty assessment fee.

JAIL: Minimum 180 days in the county facility, 150 can be suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release.

LICENSE SUSPENSION: Minimum of 5 years.

Aggravated DWI

FINES: $750-$2000 plus 24% penalty assessment fee

JAIL: Minimum 17 days in the county facility, 5 days are mandatory;12 days can be suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release.

LICENSE SUSPENSION: 18 months to 2 years; 6 months may be suspended.

OTHER: Must install interlock device

Aggravated DWI Causing Serious Bodily Injury

FINES: $1,000

JAIL: Minimum 35 days with 21 days suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release.

LICENSE SUSPENSION: 18 months to 2 years; 6 months may be suspended if substance abuse evaluation is scheduled within 30 days of release.

Not Guilty Verdict MA OUI

Driver stopped on highway for several lane changes without signaling and drooping his speed well below the posted limit causing other cars to slow. Officer notes the driver is excitedly claiming he’s never had a ticket and that he’s chewing gum, presumably to cover the odor of alcohol. Driver admits to having a few beers. Client does well on portions of field sobriety tests, but blow .099 on Portable Breath Test (PBT). He is arrestee and submits to post arrest breath test of .10. Defense excludes post arrest test and PBT is not admissible in MA. Not Guilty verdict following trial.

NH DWI Charge Dismissed

Police respond to an anonymous report of three drunk guys leaving a boat ramp with boat on trailer. Police stop what they think is the vehicle after observing it leave the area and make a wide turn. Driver admits to having “a couple” of drinks while fishing with friends. Police allege driver displayed odor of alcohol, slurred speech and sway as he stood outside truck. Police make arrest after field sobriety tests. Defense prepared to utilize booking video to show driver’s balance, cooperation and lack of swaying post arrest. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

Police stop driver for marked lanes and speeding violations. Driver admits to having wine at a Casino to celebrate her birthday. Driver submits to filed sobriety tests, but much of the cruiser video captures her complaints about the difficulty of the tests with her back injury. Defense is able to support claim of back injury with medical records. DWI charge dismissed prior to trial.