DWI-1


 

A “first conviction” (DWI-1st) for drunk driving means:

 

 (1) The defendant does not have a prior DWI conviction; or

 (2) The defendant has a prior DWI conviction, but:

  • The conviction resulted in a sentence of imprisonment; AND
  • The defendant was not represented by counsel and didn't execute a valid waiver of counsel.

 

Mandatory Penalties:

 

Under §66-8-102(E), the sentence for a first conviction for DWI must include the following, none of which may be suspended, deferred or taken under advisement:

  • 24 hours of community service.
  • “DWI school”--a driver rehabilitation program for alcohol or drugs approved by the Traffic Safety Bureau of the State Department of Transportation.
  •  Alcohol or drug abuse screening program approved by the Department of Financeand Administration.
  • An ignition interlock driver’s license must be obtained and an ignition interlock device must be installed and operating on all motor vehicles driven by the offender for one year. Unless it is determined that the offender is indigent, the offender must pay all costs associated with having the ignition interlock device installed on the appropriate motor vehicles. §66-8-102(N).

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