DWI Prosecution Policy

A plea to DWAI is permitted if all of the following conditions are satisfied:
.11% B.A.C. or below,
No prior DWAI or DWI convictions or felony convictions,
No property damage or personal injuries,
No children in motor vehicle,
No test refusal,
Must have been cooperative the police, and
Must execute written waiver of speedy trial and waiver of appeal.

Evaluation:

Required and must comply with, and complete, treatment recommendations prior to disposition.

Other Pleas:

If one or more of the other tickets is for a moving violation, then a plea to a moving violation is also required.

Sentence:

Maximum fine, mandatory surcharge, victim impact panel, and drinking driving program.

No reductions for .12% B.A.C. or above, test refusals, or felonies.