DWI Convictions & Punishments

Should a person with a prior DWI conviction be punished more harshly than a person who has only had one DWI?

The question of how to treat a prior DWI conviction is often one of the toughest ones facing prosecutors and judges. While the law provides a clear definition of the crime of driving while intoxicated, the law is ambiguous regarding how prior convictions should be treated.

In fact, the law is not clear on whether a prior conviction should be considered for the purposes of punishment at all. According to the law, a prior DWI conviction is only considered a previous offense if the conviction occurred within the ten years preceding the current charge. However, a DWI conviction from over ten years ago may still be used to enhance punishment, even if it falls outside of the ten year window.

The law is silent about whether a person with a prior DWI conviction should receive harsher punishment than someone with only one DWI. Prosecutors may argue that a second or third offense is more egregious than a first offense, and that a person with a prior conviction has demonstrated that he is not deterred by the threat of incarceration.

On the other hand, defendants may argue that a person with only one DWI is unlikely to reoffend, and that a person with multiple DWIs may have already learned his lesson.

At the end of the day, it's up to the judge to determine how much weight to give a prior conviction. In many cases, the answer will be based on the facts and circumstances of the case. A judge may be more likely to give a greater sentence to someone who was arrested with a large amount of illegal substances, was caught driving recklessly, or was arrested for a second or third offense.

The DWI laws are quite vague in many ways, but one thing is clear: prior DWI convictions should be taken into account by the court when sentencing.