Is There a More Abominable Crime Less Penalized than DWI?

Everyone knows that even for a 3rd offense DWI hardly anyone gets the maximum sentence. This is egregious. The base sentence for a first time DWI should be a felony; one to five years imprisonment with or without hard labor, one year to be served without suspension of sentence; $5000 fine; 90 days of community service; two year suspension of drivers license; inpatient treatment for 3 months with outpatient for 6; Probation for 10 years to include monitoring devices for 1yr; Seizure and sale of vehicle.

We are not tough enough on DWI. DWI is one of the top public safety concerns.


Below are the current sentences...

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First Offense DWI

A first-offense DWI is considered a misdemeanor with the following penalties:

Up to six months imprisonment or a fine of $300 to $1,000
48 hours in jail
Up to two years probation (depending on the court)
About 30 hours of re-education involving mandatory attendance and completion of three courses in substance abuse, driver improvement, and a MADD victims impact program
Plus at least 32 hours of community service, half of which must be garbage pickup on the street
Special penalty requirements for 1st-time DWI:

If the BAC is over .15, then an additional 48 hours of the jail sentence cannot be suspended.
If the BAC is over .20, then 48 hours of mandatory jail, plus a fine of $750 to $1,000, and an ignition interlock device must be installed for a period of 12 months.
If a violation of the child endangerment law has occurred, certain of the jail sentences cannot be suspended.

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Second Offense DWI

A second-offense DWI is considered a misdemeanor with the following penalties:

A minimum fine of $750 to $1,000
48 hours of the sentence must be served without benefit of suspension
The most onerous penalty is 30 days of community service.
The same re-education requirements exist in the case of a second time DWI.
Be advised that certain judges impose a six month ignition interlock requirement if the BAC was deemed “high” by whatever standard the individual judge imposes. This is not related to any suspension imposed by the Department of Public Safety.

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Third Offense DWI

A third-offense DWI is considered a felony, with the following penalties:

A fine of $2,000
One to five years imprisonment with or without hard labor, one year to be served without suspension of sentence
30 days of community service
A requirement to undergo an evaluation to determine the extent of the addictive disorder
An order to comply with inpatient treatment for four weeks, plus 12 months of out-patient treatment
Probation for the full length of any suspended sentence plus home incarceration (An offender sentenced to home incarceration may be ordered to wear tracking devices and have curfew restrictions and electronic monitoring, at his expense.)
The prosecutor may seize the offender’s vehicle and sell it, if he chooses.
If sentence is imposed under the child endangerment law, then one year of the jail sentence cannot be suspended.
An ignition interlock on all vehicles driven by the offender shall be required.

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Fourth or Subsequent Fourth Offense

A fourth-offense or “subsequent fourth offense” is considered a felony, with the following penalties:

A fine of $5,000
A prison sentence of a minimum of ten years to a maximum of 30 years imprisonment
40 days of community service
Two years of the sentence must be served without suspension or parole.
Home incarceration for at least one year Probation
Electronic monitoring
Seizure of the vehicle the offender was driving
Treatment
Additional penalties are imposed if there was a violation of the child endangerment law.

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