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Fairfax DUI Lawyers

• Livesay & Meyers: The terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably in Virginia state courts. First offense DUI, DWI, Reckless Driving, and Driving on a Revoked or Suspended License are Class 1 Misdemeanors, carrying the possibility of up to one year in jail, under Virginia law.
• Dearborn, Robert: Even a first offense with low blood alcohol content (BAC) may be prosecuted to the fullest extent of the law. You want an experienced and knowledgeable DUI/DWI lawyer on your side so you can fight for a fair disposition of the case. Serious Civil and Criminal Penalties In Virginia a driving under the influence or driving while intoxicated (DUI/DWI) conviction entails both criminal and civil penalties, which can include: * Loss or suspension of license for up to three years * Large fines up to $2,500 * Mandatory substance-abuse treatment * Mandatory jail time * Restitution * A criminal record In addition, a DUI/DWI conviction Ñ the Commonwealth's declaration that one is a "drunk driver" Ñ may carry long-lasting effects on your career or a social stigma. Various Names The offense of "drunk driving" may be known by many names, including but not limited to: * Driving under the influence (DUI) * Driving while intoxicated (DWI) * Operating under the influence (OUI) * Operating while intoxicated (OWI) * Driving under the influence of intoxicants (DUII) * Driving while under the influence (DWUI) Similar Requirements Although it may be known by many names, most states have similar requirements that must be proven in order to convict, including: * Control Ñ "Driving" or "operating" implies that the alleged offender must have been in control of the vehicle. What is considered "control" over the vehicle may vary according to the state and the particular circumstances, including whether the defendant was in the driver's seat, awake, in possession of the keys, whether the vehicle was running or out of gas, or other considerations. * Vehicle Ñ In some cases, operation extends beyond cars, trucks, motorcycles and vans. You may wish to meet with attorney Dearborn to discuss whether motorboats, mopeds, snowmobiles, electric wheelchairs, golf carts or all-terrain vehicles (ATVs) are included in the offense definition. * Intoxication Ñ Police gather evidence of intoxication using field-sobriety tests (FSTs), including finger-to-nose, one-legged stand, walk-and-turn, horizontal-gaze-nastagmus, counting backward or reciting the alphabet tests. In addition, scientific tests, including the Breathalyzer¨, may be administered. In every state, a person with a blood-alcohol concentration (BAC) of .08 or higher is considered legally intoxicated. If you've been stopped for, arrested for or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal-defense attorney. DUI/DWI laws are complex and the guidance of a skilled and knowledgeable lawyer can put your mind at ease that your case is being handled competently and your rights are being aggressively defended.
• Gordon Law Firm:
• Jones, David: If you have faced a DUI/DWI charge in Northern Virginia, you know how difficult it can be to talk your way out of a steep fine, a jail sentence or a license suspension. The state has always been serious about prosecuting DUI offenses in its jurisdiction and, recently, it has only gotten tougher.
• Nolan, Scott: DUI, or Driving Under the Influence, is an offense set forth in Section 18.2-266 of the Virginia Code, which states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such person has a blood alcohol concentration of .08% or more . . . . or while such person is under the influence of alcohol, or such person is under the influence of any narcotic drug or any other self administered intoxicant." There are two basic ways a prosecutor may attempt to prove that a defendant is intoxicated. The first is for the prosecutor to show that the defendantÕs blood alcohol level was 0.08% or more at the time of driving. This is usually done by a breath test, or sometimes a blood test. This is the easiest method for a prosecutor because he or she need prove nothing else. The second method is to demonstrate that the defendant was driving under the influence of alcohol or drugs. In order to do this, the prosecutor will attempt to use the results of field sobriety tests and the defendantÕs driving behavior. What is the difference between DUI and DWI? In Virginia, there is no ÒDWIÓ offense. ÒDWIÓ stands for ÒDriving While IntoxicatedÓ and in some states is a separate and more serious offense than DUI. However, it is still common to hear the name ÒDWIÓ when the speaker means ÒDUIÓ. It is even quite common for the officer to write ÒDWIÓ on the warrant or summons. This clerical error does not change your rights, for good or ill. What is the punishment for DUI? The maximum punishment for a first or second DUI is one year in jail, a $2500 fine and the loss of driving privileges for one year, but such punishment is very rare. A normal first-time DUI case where the blood-alcohol level is below .12% often results in a suspended jail sentence (meaning that the defendant doesnÕt actually serve jail time if they remain of good behavior), a fine of $300-$500, and the loss of driving privileges. A person convicted of DUI will also be sentenced to enter the Virginia Alcohol Safety Action Program (VASAP), a drunk-driving prevention program. Persons who lose their driving privileges under this statute are normally allowed to retain a restricted driverÕs license that permits them to drive to work, school and daycare. Perhaps the most serious result of a first-time DUI conviction is the effect it almost certainly will have on your insurance. Most insurance companies will move you into a very expensive Òhigh-riskÓ category, or simply raise your rates. Insurance rates can often increase by 300-500% after a DUI conviction. Second and subsequent DUI convictions carry enhanced punishments, as do first-time convictions with a particularly high blood-alcohol level. Was I required to perform Field Sobriety Tests? Absolutely not. The officer ÒoffersÓ you these tests partly in order to develop evidence against you. You have no legal duty to provide the officer with any such evidence. Whether the test is balancing on one leg, saying the alphabet, counting backwards, the 9-step walk-and-turn or following the officerÕs pen with your eyes, all these tests are voluntary! You need not perform them and your refusal to do so may not be used against you. The same applies to the preliminary breath test often offered in the field (at the scene of the traffic stop). You have absolutely no legal duty to comply with the officerÕs request that you blow into this portable machine. However, there is one test that you are required by law to perform. If you are arrested and taken back to the police station, the officer will require you to blow into a machine there. Virginia uses a machine called the Intoxilyzer 5000. It is a violation of law to refuse this test. If you unreasonably refuse to take this test, you will probably lose your driving privileges for a full year, without the benefit of a restricted license. If you have previously been convicted of refusal or DUI within the last ten (10) years, you will lose your license for a full three years and possibly face up to six months in jail (or a full year on a third conviction). It is very important to remember that an officer does have the authority to require you to exit your vehicle if you are lawfully stopped. Once you are out of the vehicle, however, you are not required to perform any tests or tell the officer whether you have been drinking. What is an Interlock Device? An interlock device is a machine that uses a breath analysis mechanism to make the car inoperable if ethyl alcohol is detected in the breath of the driver. If a person has been convicted of a second or subsequent offense relating to the operating of a motor vehicle while under the influence of alcohol committed within five years, the court must order the defendant to have an interlock device installed on each motor vehicle owned or operated by the defendant. Will a DUI arrest show on my record? If you are arrested for DUI, that arrest will show up on your criminal record. If you are convicted for DUI, the conviction and preceding arrest will be on your record for the rest of your life. However, if you are not convicted for the DUI the arrest can be expunged from your record if certain requirements are met. Can I be charged with DUI if I wasnÕt drinking alcohol, but did take prescription Medication? Yes, if the medication is capable of causing impairment. Often, the police will assume impairment is caused by a medication if you admit to taking anything. Officers are not trained in which medications or even illegal drugs can cause impairment. Common prescription medications that can cause impairment include: Xanax, Valium, Hydrocodone/ Vicoden, Soma, and Codeine.
• Gross & Romanick: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
• Davis, Michael: If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.
• Christopher Finch: Drunk-driving laws are tough and getting tougher all the time. You will face mandatory jail time for a second offense. If you blow more than a .15, you are facing jail time for a first offense. A drunk-driving conviction will change your life. Your driver's license will be suspended. You could have difficulties with workÑeven lose your job, if you are a professional driver. When you get your driver's license back, your insurance will be higher. DonÕt Plead Guilty without Consulting an Attorney Too many people think there is nothing they can do if they ÒfailedÓ the field test or blew a breath-alcohol level that was over the legal limit. That may not be true. Was the equipment properly calibrated? Was the police stop legal? Will the police officer actually show up at the hearing to testify against you? Could your charge be knocked down to reckless driving? A defense lawyer can check this out for you. If you could save thousands in increased insurance payments and long-term hassle from a drunk-driving conviction, isnÕt it worth it to talk to a lawyer today?
• Kearney, Freeman, Fogarty & Joshi: Mandatory jail time on 1st offense if over .15 blood-alcohol content (BAC) and for every subsequent offense Loss of driver's license for a minimum of one year on a first offense Felony criminal charges beginning with the 3rd offense Expensive ignition interlock devices being installed in your car Civil and criminal penalties for breath test refusal
• Alex Gordon: Whether this is your first offense or a DUI felony charge, you should know that if you are convicted of DUI, you risk a suspension of your driver's license, higher insurance rates, fines, court costs, and/or up to a year in jail or 5 years in prison. A skilled and experienced attorney can help steer you through the court process and attempt to avoid the serious consequences of a DUI conviction in Virginia. DUI law in Virginia is very complex. Almost every year the Virginia General Assembly passes or amends the law in order to increase the punishment for people who are convicted of operating the a motor vehicle under the influence of alcohol or drugs. Today, DUI related laws occupy more than 40 pages of the Virginia Code. In July 2004 and July 2005, the legislature overhauled the law and set even harsher penalties.
• Stephen L. Duckett: A DUI charge can result in expensive fines, loss of your license, even jail – depending on the circumstances surrounding your arrest and driving record.
• Wilfred Ward Yeargan III: It is important to retain competent counsel early in the criminal trial process, especially in felony cases.
• Lawrence, Smith & Gardner: "DWI" stands for Driving While Intoxicated. Arrests occur when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substances to the extent that their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. A DWI conviction stays on a DMV record for at least 7 years. It typically results in higher insurance premiums and an offender may become ineligible for credit. A DWI could also jeopardize your employment opportunities.
• David C. Jones Jr.: TRAFFIC/DRUNK DRIVING: Our attornies are seasoned veterans who know how to handle serious traffic matters which could result in jail time or the loss of a client's driving priviledge. We can help protect you if you are charged with DUI/DWI, Driving on Suspended/Revoked License, Reckless Driving, Habitual Offender, or other serious traffic offenses.
• Karen Scarborough : Why Should I Hire a Traffic Ticket Lawyer? In many instances, people do not believe they committed the offense charged in the ticket. However, they assume fighting the ticket is a losing cause, they pay the fine and go on their way, only to be surprised days, weeks, or even months later when they learn their insurance rates have gone up, they no longer have any real options of changing insurance companies, and they have points assessed against them, which could eventually lead to having their license suspended or revoked. In other cases, people have committed serious traffic offenses or are habitual offenders, and run the risk of imprisonment, large fines, and a loss of their driving privileges. The answer to the above question is simple. You should hire an experienced traffic ticket lawyer because you want to know you did everything within your power to defend yourself from the offense charged in any traffic tickets.
• Sanders & Kissler: You should consult an attorney for individual advice regarding your own situation.
• Mark Yeager: After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict.
• Thomas Haddock: A person commits the offense of criminal mischief when he or she intentionally or knowingly and without the consent of an owner: (1) damages or destroys the owner's property; (2) tampers with the owner's property, which tampering causes loss or inconvenience to the owner; or (3) makes markings, inscriptions, or drawings on the owner's property.
• Lopez, Meleen & Sprano: Whether a DUI Conviction Makes an Alien Eligible for Expedited Deportation The Immigration and Nationality Act (INA) permits deportation of an alien convicted of an "aggravated felony," which can include "a crime of violence for which the term of imprisonment [is] at least one year." In line with this provision, aliens convicted of driving under the influence of alcohol (DUI) in states which characterize a DUI conviction as a crime of violence have been subjected to automatic deportation, even if they have been legally residing in the U.S. for years. However, the U.S. Supreme Court recently barred deportation of an alien convicted of DUI pursuant to the aforementioned INA provision. In November 2004, the Court held in Leocal v. Ashcroft that state DUI offenses that do not require proof of any mental state, or require only a showing that an individual acted negligently in operating the vehicle, are not crimes of violence for purposes of expedited alien deportation.
• Dominick Pilli: The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed).
• Bevis Law Offices: Any weakness or flaw in the prosecution's case can and should be pressed to obtain a dismissal of the charge if possible, or in many cases a more favorable outcome than might otherwise be expected.
• Hale, Hassan, Carlson & Penn: ...the recent change in the law which took the choice of blood or breath test away from drivers (Va. Code 18.2-268.2) made a claim of physical inability to take a breath test relevant and material, and put the burden of going forward with such evidence on the defendant.
• Smith & Greene: The Sixth Amendment of the U.S. Constitution states that criminal defendants have a right to the assistance of counsel. Courts have interpreted this to mean that criminal defendants have a right to an attorney during all critical stages throughout the criminal process. In addition, before a defendant is permitted to proceed to trial without a lawyer, the challenges and dangers of doing so must be "rigorously conveyed" to the defendant.
• Cuccias Law Office: The following are important pieces of your potential defense:
  • What was the basis for the stop; was it reasonable?
  • How were the field sobriety tests performed?
  • What were the conditions of the weather, road, or environment?
  • How experienced and reasonable was the officer?
  • Was there probable cause for the arrest?
  • Was the vehicle unconstitutionally searched for alcohol or drugs?
  • How reliable was the breathalyzer or intoxilizer?
  • Were the proper procedures followed in administering the tests?
  Since the Miranda decision, the Supreme Court has issued 40 to 50 decisions that are related to or clarify Miranda. Although one notable 2000 decision, Dickerson v. United States, placed the general validity of Miranda under the judicial microscope, most of these decisions have essentially carved out exceptions, allowing the admissibility of confessions where the general principles under Miranda would hold otherwise. For instance, in 2003, in Chavez v. Martinez the Supreme Court held that if a suspect makes a confession but is never actually prosecuted, there is no constitutional violation for failure to read the Miranda warnings.
• Ronald Smith: You have the right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set. If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest the charges. Before pleading guilty to some first time offenses, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling. If misdemeanor charges are not dropped, a trial will be held later in a General District Court of law. If you are charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing.
• Mark Yeager: It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii) or (iv).
• Stephen Guss: If you have been accused of a criminal offense or have been arrested, your constitutionally liberty interests are at stake. You will want an experienced criminal defense attorney to protect those rights for you.
• MacDowell & Associates: One of the most often committed crimes is "Driving Under The Influence" (DUI).  Approximately 1.5 million people are convicted every year of this offense.  You should have no doubt that it is a serious offense and it can greatly affect your life.  A DUI offense can have long-term ramifications upon your employment, upon your insurability, and upon your quality of life for years to come. The Virginia statutes permit a jail term, and in many situations, such as a .20 BAC or above, or in accident cases you may be required to serve a jail term.  Under Virginia law, a twelve (12) month suspension of your right and privilege to operate a motor vehicle is mandatory.  However, you may receive a restricted operator's license to drive to and from work, to and from school, to and from medically necessary travel. Many people erroneously believe that there are no defenses to a DUI charge if their blood alcohol level is over the .08 presumptive level.  Nothing can be further from the truth.  There are hundreds of sound defenses and many cases are won if your legal representative carefully reviews the facts for your case.  At a minimum, you should always consult with an attorney.  It is important that you understand the long term ramifications of the case and the range of penalties for your particular case.
• Sris Law Office: Finding oneself involved in the legal system can be a stressful, frustrating and intimidating experience. An experienced and skillful attorney can provide the assurance and guidance necessary to successfully navigate the legal process. The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• Carter & Obregon: The basic thrust of the drunk driving laws is that they are to prevent operation of a powerful machine when a person is too intoxicated to have adequate control of the machine. The intoxication element is proven by one of two methods: (1) showing a certain level of blood alcohol or illegal drugs, or (2) showing that the person was impaired. The first method is the one most often used. It does not rely on anyone's observations of the defendant's conduct, but rather on the results of a blood or breath test. A common statutory scheme requires a person suspected of being drunk or drugged while driving to give a sample of his or her breath or blood for testing. This so-called "implied consent" comes about because the statute provides for it whenever a person gets a driver's license. Once the sample is given, it is analyzed by a machine that measures the concentration of alcohol in a person's blood. One common limit for blood-alcohol content is .10 percent, although in recent years there has been a push to lower that limit to .08 percent. Any person who tests over the limit is legally intoxicated. The only way to challenge the charge is to show that there was some failure in the test procedure, such as a malfunctioning machine, improper sampling, foreign substances in the mouth (in the case of a breath test), or improper preservation of the evidence. Proof of impairment may also be based on the facts and circumstances surrounding the incident. This type of proof is based on eyewitness testimony, statements of the defendant, and circumstantial evidence. The actual amount of alcohol in a person's bloodstream is irrelevant, since the focus is on whether the ability to drive has been impaired. Standard police tests for impairment, called "field sobriety tests," include having the defendant walk a straight line with one foot placed precisely in front of the other, closing the eyes and standing with arms held out from the body and touching the tip of the nose when instructed, reciting the alphabet, and counting backwards. Other signs of impairment come from the officer's observations of the defendant's driving, which often lead to the stop. Driving too fast or too slowly, weaving from lane to lane, and going through stop signs have all been used as evidence of impairment. A statement by a driver about how much he or she had to drink, and how recently, can also be used as evidence of impairment when supported by testimony about the probable effects of that amount of alcohol ingested at that time on a person's physical abilities.
• Lance Gardner: There is not a bright-line rule establishing precisely what is and what isn`t probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.
• Edward Gross: Edward Gross & Associates, P.C. represents clients in the State and Federal Traffic Courts of Northern Virginia. Our goal is to vigorously defend and protect our clients' legal rights. We work with experts, including toxicologists. Traffic defense has been a regular part of the law firm's practice since 1980. We understand the Federal, State and Local statutes and attend Continuing Legal Education classes to stay current with the law.
• Timothy McGary: The DWI laws are lengthy and complex. They prescribe a set of procedures to which the police must "substantially comply" or the case could be lost. An attorney who deals with these laws on a regular basis is familiar with these procedures, and knows what to do when they are not followed.
• Scott Nolan: For a driver over the age of twenty-one in Virginia, there is a legal presumption that if your blood alcohol content is above .08%, you are intoxicated. However, When your blood alcohol level is between .05% and .08%, you may still be convicted of DWI. In this case, the blood alcohol level is just one piece of evidence that the court may consider, along with others, such as the testimony of the arresting police officer.
• Michael Rieger: If your case involves a possibility of imprisonment, loss of license privileges, or a large fine, it is recommended that an attorney is absolutely necessary to protect you and your interests. A qualified attorney can assist you in all stages of your criminal or traffic defense. An attorney can help you decide whether to plead guilty or not guilty, prepare you and all necessary witnesses, investigate all facts about your case, and help you decide how to best proceed. Whether your plea is guilty or not guilty, an attorney can decide how best to defend your case, put all appropriate facts into evidence, possibly work out an agreement with the prosecutor, and ensure that all relevant circumstances are presented to the judge for maximum benefit to your case.
• Richard Camaur: Under Virginia Code ¤18.2-268.9, a chemical analysis of a person's breath must be performed by an individual who is licensed to conduct a breathalyser test. This licensing requirement includes all police officers monitoring our roadways who administer a "road-side" breathalyser test. The equipment must be approved by the Division of Forensic Science of the Virginia Department of Criminal Justice Services. This Division is also responsible for testing the accuracy of the breath-testing equipment at least once every six months. The statute mandates that all individuals who administer the breathalyser tests must undergo a minimum of forty-hours of instruction on the operation of the equipment and administration of the tests.
• James Fisher: Virginia's current minimum Blood Alcohol Level, which implicates drunk driving charges (or Driving While Intoxicated)  is .08.  Scientific authorities suggest that one can reach this level fairly soon, thus it is always better to plan ahead and designate a sober driver for your evening if alcoholic beverages are on the evenings agenda.
• Surovell Markle Isaacs & Levy PLC: DWI has become one of the most problematic offenses one can be charged with today. Depending on your weight, you can reach a .08 blood-alcohol-content (B.A.C.) by consuming less drinks than you may think. DWI's carry a seven-day administrative license suspension if you test a .08 B.A.C. on a breathalyzer and a mandatory one-year license suspension if you are convicted for a first offense. After that, one faces fines and possible jail time, not to mention the difficulty in obtaining a restricted license. As of July 1999, a third DWI within ten years is now a felony! These consequences do not begin to even approach the thousands and thousands of dollars of insurance expenses and headaches a DWI conviction causes over the ensuing years.