Sentencing Whiteboard: Active Sentences for DWI

Do DWI sentences really get cut in half? Can DWI inmates be paroled? What happens when the minimum and maximum sentence for a DWI are the same? These questions and more are answered in today’s video post.


As you’ll see, the video applies the relevant statutes and administrative rules to show how an active sentence for a DWI is served. The results can be surprising. It’s important to bear in mind, though, that just because a DWI inmate has served enough time to be parole eligible does not mean that he or she will be paroled. Shea discussed that issue here.

It’s also important to remember that many DWI sentences are not active sentences. They are, rather, probationary sentences that include a term of imprisonment as part of “special probation”—better known as a split sentence. The “good time” and parole rules discussed in the video do not apply to split sentences at all. They would, however, apply to a DWI defendant whose probation is revoked.