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Misdemeanor Driving While Intoxicated has five levels. Level I is the most serious and Level V the least.
Level V
Punishable by a fine up to $200 and a minimum jail sentence of 24 hours and a maximum of 60 days. A judge can suspend the sentence but upon completion that the driver spend 24 hours in jail, perform 24 hours of community service or not operate a vehicle for 30 days.
Level IV
Punishable by a fine up to $500 and a minimum jail sentence of 48 hours and a maximum of 120 days. A judge may suspend the sentence but after the driver has completed 48 hours in jail, and performed 48 hours of community service or not operate a vehicle for 60 days.
Level III
Punishable by a fine up to $1,000 and a minimum jail sentence of 72 hours and a maximum of six months. A judge can suspend the sentence only after a driver has spent at least 72 hours in jail, completed 72 hours of community service or hasn’t operated a vehicle for atleast 90 days.
Level II
Punishable by a fine up to $2,000 and a minimum jail sentence of seven days and a maximum of one year. A judge CANNOT suspend the minimum sentence.
Level I
Punishable by a fine up to $4,000 and a minimum jail sentence of 30 days and a maximum of two years. A judge CANNOT suspend the minimum sentence.
Level I and II drivers are usually repeat offenders, persons whose license has been revoked, impaired drivers, impaired drivers who were driving with young children in the car and impaired drivers who hurt someone in a wreck. Impaired drivers must complete a substance abuse assessment and comply with any recommended treatment as a condition for having their drivers license restored at the end of the revocation period.
Felony DWI
As for Habitual DWI offenders, these are drivers that have had three prior DWI convictions within the past seven years, a DWI becomes a more severe felony. But more importantly, the Habitual DWI statute now states that a minimum active jail term of one year this is a sentence that CANNOT be suspended. Offenders must also go through a substance abuse program while in jail or as a condition of parole.

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