I'd just like to hear what you offer for a first Offense DWI, no unusual circumstances?

In my county our standard rec for a DWI 1 is 6mo jail probated for 12mo with a $900 fine 80 hours of community service and DWI statutory class.

If I have a weak case I will lower the probation to 9mo or maybe even 6mo in a really weak case.

As part of the probation, defendant is tested for alcohol and drugs every time they report and randomly as well. They also have to submit to an alcohol dependancy screening to determine if they need counseling.

Standard 1st offense minimum offer on a non aggravated DWI for a Defendant who is 21 years of age or older is:
$550 fine + 90 days probated for 2 years + DWI Ed + VIP + SAE + 24 hours CS.

We generally do a $500 fine, 180 days probated for 12-20 months (depending on facts), 24-60 CSR, with 3 days jail as a condition of probation (judge does it in every one, unless you have renal failure you are going!, open container makes it 6 days.) Victim's Impact pannel is a good requirement that is almost always in there.

The 3-6 days jail as a condition, makes it a tough sell, (letting them know judge will require it on an open or guilty plea helps) but I think that it does have some impact on first and hopefully last timers. Just another pound of flesh on the drunks, and soon to be repeaters (and on those guys we want a pound of flesh).

We also have a good jury pool, that makes a big difference.

We have recently added a condition to all our DWI probations that a refusal to provide a breath, blood or urine specimen upon request of a peace officer when stopped is a violation of probation for which a defendant can be revoked.

Shane,

Wouldn't a DWI probationer who refused to give a breath sample to an officer on a presumed subsequent DWI be revoked just on alcohol consumption or the new #1 violation? Why the need to state in your plea if you get caught again you better blow?

No alcohol consumption is not going to be a condition of probation unless it is specified as such in the plea agreement. We likewise add "no breath or blood test refusal" as a condition of probation for many of our DWI offender plea agreements and we sometimes make it a condition that they not refuse to do FST's if requested. A side benefit of adding these conditions is that it may actually result in the person giving a sample of breath or blood on a subsequent DWI arrest.

For a breath test refusal its 180 days Jail probated for 18 months, 800 fine, all costs of court, and standard probation conditions, which include alcohol eval and following recommendations, no consumption of alcohol, victim impact, the jacqueline video (about a women seriously maimed by an intoxicated driver), community service, and various other conditions.

Restitution and guilty pleas only on accident cases.

If they blow I usually knock it down to 15 months probation.

And now ignition interlock as per the 0.150 rule.

Richard and Shane,

How hard did the defense bar fight that term, or did they?

Also, to answer the thread, 90d probated for 12 or 18 months, 300-500 fine, VIP, Alcohol Offender Program, 50hrs. CS, standard terms for all our probations are total abstinence, stay out of clubs, bars, places where primary source of income is sale of alcoholic bev., and as a matter of practice will have no early release unless bargained for.

I'm not aware of any complaints about it's addition. How would that be voiced? "My client has informed me he anticipates future arrests for DWI while on probation and demands that he have the option of refusing to give a breath or blood sample."

I agree there really is no specific argument they could make, just wondering if they had voiced any complaints, so we could get a head start.

180 days/12 months/$500/50CSR

For 1st time offenders with no other criminal history, general offer is 180d for 2y (all misd DWI probations in our CCL are 2 yrs on the Court's pre-printed Order), $600 to $800 fine, 40 to 60 csr, DWI class, VIP and all other standard probation terms. These include random ua's, drug & alcohol assessment, counseling if required from assessment, etc.

On cases that appear to be weak I have had some defense attorneys ask me for a reduced charge like obstructing the highway. I do not reduce DWI's nor do I dismiss weak cases. I am sure you have had those cases where the video shows nothing but sky, dirt, or the back of the suspects truck. I never reward the defendant who refused to blow... refusal on my docket will get you to trial every time.