Driving while intoxicated (DWI) can be charged as either a misdemeanor or felony offense whereas as charge of driving while ability impaired (DWAI) is a violation and therefore non-criminal.  A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are: A fine between $300-$500 and up to 15 days in jail, or both a fine and jail. A Court surcharge of $265. A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750. A Period of Probation, Conditional Discharge, or up to 15...