{"id":66,"date":"2011-10-12T11:56:54","date_gmt":"2011-10-12T11:56:54","guid":{"rendered":"http:\/\/dwiresourcecenter.wordpress.com\/?p=66"},"modified":"2017-04-07T17:12:30","modified_gmt":"2017-04-07T17:12:30","slug":"misperceptions-about-dwi-sentencing","status":"publish","type":"post","link":"https:\/\/dwiresourcecenter.org\/index.php\/2011\/10\/12\/misperceptions-about-dwi-sentencing\/","title":{"rendered":"Misperceptions about DWI Sentencing"},"content":{"rendered":"

By\u00a0Linda Atkinson
\nExecutive Director
\nDWI\u00a0Resource Center
\nlatkinson@dwirc.org<\/em><\/p>\n

Career drinking drivers\u2026\u2026way too many of them are out there.<\/p>\n

Over the years I have analyzed sentencing data, observed sentencings in the courtrooms and performed many case studies. I believe there has always been a misperception among the general public about the sentences DWI offenders receive versus what sentences could actually be given according to the current law.<\/p>\n

A (true) first DWI offense (non-aggravated) allows up to 90 days in jail and up to a $500 fine, which are never given in our courts, rather the most common sentence is just the mandatory sanctions of DWI School, ignition interlock (and that might not happen If the offender says he doesn\u2019t have a car or won\u2019t be driving), alcohol screening, and 24 of hours community service.<\/p>\n

If the offender is actually convicted of an aggravated 1st<\/sup> offense there is a mandatory 48 hours jail, however, the majority of DWI (true) 1st<\/sup> offenders are pled down to non-aggravated and no jail other than time in jail when first arrested is served. The law also mandates 48 hours jail time if the offender fails to complete all sanctions, again, in practice this does not happen as it should. The one court where I observed the judges actually imposing the 48 hours jail for failure to complete the sentence was the Santa Fe magistrate court \u2013 very impressive. I just wish ALL the courts followed suit.<\/p>\n

With a DWI second offense (non-aggravated) the law<\/a> allows up to 364 days in jail and a $1,000 fine. And once again the most common sentence will be just the mandatory minimum sanctions required by law: four days in jail, a $500 fine, alcohol screening and treatment, 48 hours of community service, 2 years using a ignition interlock (and that might not happen If the offender says he doesn\u2019t have a car or won\u2019t be driving). If an offender is convicted of an aggravated 2nd<\/sup> offense there is an additional mandatory four days jail time. If the offender fails to complete the sentence there is to be a mandatory seven days.<\/p>\n

Case Study of a \u2018Career Drinking Driver\u2019<\/strong><\/p>\n

\u00a0<\/strong>Let\u2019s examine the case of F. Q., who, according to his driver\u2019s license was a Hobbs resident for all the DWI incidents researched and listed below:<\/p>\n