A “second conviction” for DWI means:

1) The defendant has one prior DWI conviction and was represented by counsel, regardless of the sentence; [or]

2) The defendant has one prior DWI conviction and validly waived counsel, regardless of the sentence; [or]

3) The defendant has one prior DWI conviction, was not represented by counsel, and the conviction did not result in a sentence of imprisonment.



Mandatory Penalties (DWI-2nd):

• 4 straight days in jail (96 consecutive hours of jail).

• $500 mandatory fine (up to $1,000.00 fine)

• Not less than 48 hours of community service.

• Alcohol or drug abuse screening program approved by the Department of Finance
and Administration. §66-8-102(K).

• Completion, within a time specified by the court, of one of the following court     approved programs: (1) an inpatient, residential or in-custody substance abuse     treatment program at least 28 days in duration; (2) an outpatient treatment program     at least 90 days in duration; (3) a drug court program; or (4) any other substance abuse     treatment program. §66-8-102(L).

• Ignition Interlock for 2 years.

(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 two years. Unless the court determines 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).)

• Probation for up to 5 years.

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