A second degree DWI is charged if there is one aggravating factor. Aggravating factors may include:
- A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions);
- Blood Alcohol Content is more than two times the legal limit (.20);
- Child Endangerment exists (child in the vehicle at the time of offense);
A second degree offense is also a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
- The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
- The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
- The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
- The New DWI occurs and the driver's license has been cancelled as inimical to public safety.
