DWI-4 (or higher)


 

Under §66-8-102, a fourth or subsequent DWI conviction (DWI-4th or higher) is a felony that must be handled in district court exclusively.

 

DWI – 4th Offense:

  • A fourth DWI conviction is a fourth degree felony for which the offender must be sentenced to 18 months of imprisonment;
  •  of which 6 months shall not be suspended, deferred or taken under advisement. §66-8-102(G).
  • a fourth degree felony
  • subject to a $5000 maximum fine.

DWI – 5th Offense:

  • A fifth DWI conviction is a fourth degree felony
  • offender must be sentenced to 2 years of imprisonment
  • of the 2 years of imprisonment, 1 year shall not be suspended, deferred or taken under advisement. §66-8-102(H).
  • In addition, under §31-18-15(E)(8), subject to a $5000 maximum fine.

DWI – 6th Offense:

  • A sixth DWI conviction is a third degree felony
  • offender must be sentenced to 30 months of imprisonment,
  • of the 30 months of imprisonment, 18 months shall not be suspended, deferred or taken under advisement. §66-8-102(I).
  • In addition, under §31-18-15(E)(8), subject to a $5000 maximum fine.

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