4th Degree DWI/DUI:
4th Degree DWI/DUI is a misdemeanor offense. It is charged when a person is 1) driving under the influence of alcohol or a controlled substance; or 2) driving with a BAC (blood alcohol concentration) of over 0.08.
The offense is punishable up to 90 days in jail and/or $1,000 fine. For first time offenders, or persons who do not have a prior DWI conviction within the preceding 10 years, there is no mandatory minimum sentence.
If you are charged with a 4th Degree DWI/DUI, you will also have your license revoked for 90 days.
For those where it is a true first time offense, a limited license or work/school license is available. You can apply for this limited license after 15 days of actual revocation. For all others, the only way to drive is to participate in the ignition interlock program.
You have 60 days from the date of receiving the Notice of Revocation to file a petition to challenge the revocation of your license. If you do not file a petition to challenge the revocation within the 60 day deadline you will lose any right you have to challenge your revocation, even if you win your criminal case and you will automatically have an “impaired driving conviction” that can be used to enhance future DWI/DUI offenses. If you challenge your driver’s license revocation, you will be able to have a hearing and a judge will determine whether the Commission of Public Safety had cause to revoke your license. In some counties, you may be able to get your license back while your criminal and revocation cases are pending.