A fourth degree DWI is the least serious drunk driving charge, but it still carries real consequences

A fourth degree DWI (driving while impaired) is typically your first or second drunk driving offense within a certain time period — usually 10 years, though this varies by state. It is less severe than a first degree DWI, which involves factors like a crash, injury, or a very high blood alcohol level. A fourth degree charge means you were driving with a blood alcohol concentration (BAC) above the legal limit (usually 0.08% for adults), but without those aggravating circumstances.

The consequences are real even though it is the lowest tier: you will likely lose your license for a period, pay fines, possibly spend time in jail, and have a permanent criminal record. The exact penalties depend on your state and whether this is your first offense or a repeat violation. Understanding what comes next — from the arrest through sentencing — helps you prepare and make informed decisions about your case.

Key Takeaways

  • A fourth degree DWI is typically a first or second offense within 10 years and does not involve a crash, injury, or extremely high BAC.
  • Penalties usually include license suspension (often 90 days to one year), fines ranging from a few hundred to several thousand dollars, and possible jail time.
  • You will have a criminal record that shows up on background checks for employment, housing, and other purposes.
  • Your insurance rates will increase significantly, and you may be required to install an ignition interlock device on your vehicle.
  • An attorney can review the evidence against you and may be able to negotiate a reduced charge or penalty.

License suspension and driving restrictions

Your driver's license will be suspended, though the length varies by state and whether this is your first offense. A first fourth degree DWI typically results in a suspension of 90 days to one year. During this time, you cannot legally drive at all, even to work or medical appointments — unless your state offers a hardship or work permit, which some do.

After the suspension ends, you may be required to install an ignition interlock device (IID) on your vehicle. This device measures your breath alcohol level before the car will start. If you blow above a certain threshold, the car will not start. The cost to install and maintain an IID is usually $60 to $150 per month, and you pay for it yourself. Some states require an IID for all DWI convictions; others only for repeat offenses or higher BAC levels.

To get your license back after suspension, you will typically need to pay a reinstatement fee (usually $100 to $300) and may need to pass a written test or vision test. Some states also require proof of insurance or completion of a DWI education program before reinstatement.

Fines, fees, and court costs

A fourth degree DWI conviction comes with multiple financial penalties. Fines for a first offense typically range from $250 to $1,000, though some states go higher. If this is a repeat offense within the lookback period, fines often increase to $500 to $2,000 or more.

Beyond the fine itself, you will also owe court costs, reinstatement fees, and fees for any required programs. Many states require DWI offenders to complete an alcohol education or treatment program, which costs $300 to $1,500 depending on the program length and your state. You may also owe probation supervision fees if you are placed on probation.

If you cannot pay these costs upfront, ask the court about a payment plan. Some courts allow you to pay fines and fees over several months rather than all at once.

Jail time and probation

A fourth degree DWI can result in jail time, though it is not may provide for a first offense. For a first fourth degree DWI, jail sentences typically range from zero days to 30 days, depending on your state and the specific circumstances. If this is a repeat offense, jail time becomes more likely and may extend to 30 days to several months.

Many courts offer alternatives to jail, such as work-release programs or electronic monitoring (an ankle monitor). You may also be sentenced to probation instead of or in addition to jail time. Probation typically lasts one to three years and requires you to check in with a probation officer, avoid further criminal charges, and sometimes submit to random alcohol testing.

If you are sentenced to jail time, ask your attorney about the possibility of serving it on weekends or during a specific block of time, which allows you to keep working during the week.

Criminal record and background checks

A fourth degree DWI conviction becomes part of your permanent criminal record. This record shows up on background checks for employment, housing, professional licenses, and loans. Many employers, landlords, and licensing boards treat any DWI conviction seriously, even a fourth degree charge.

In some states, you may be able to have the conviction expunged (erased from your record) or sealed after a certain period of time — often five to ten years — if you meet specific conditions like completing probation without further violations. Expungement is not automatic; you have to petition the court. An attorney can advise you on whether expungement is possible in your state and help you file the paperwork.

Until or unless the record is expunged, it will be visible to anyone who runs a background check on you. This can affect your ability to get hired, find housing, or obtain certain professional licenses.

Insurance and vehicle registration

Your auto insurance rates will increase substantially after a DWI conviction — often by 50% to 100% or more. Some insurance companies will drop you entirely, forcing you to seek coverage from high-risk insurers, which charge even higher premiums. You may be required to carry SR-22 insurance (a certificate of financial responsibility), which proves you have the minimum required coverage. SR-22 is more expensive than standard insurance and is typically required for three to five years after conviction.

You will also need to renew your vehicle registration, and some states require you to pay an additional fee or surcharge when you renew after a DWI conviction. In some cases, you may be required to use special license plates that indicate a DWI conviction, though this varies by state.

What happens in court and your options

After a DWI arrest, you will have an initial appearance where you are informed of the charges and your rights. You will be asked whether you want to plead guilty, not guilty, or no contest. Do not plead guilty at this stage without speaking to an attorney first.

You have the right to an attorney. If you cannot afford one, you can request a public defender at your initial appearance. An attorney can review the evidence against you — including the breathalyzer or blood test results, the officer's report, and dashcam or body camera footage — and may find problems with how the test was conducted or how you were stopped.

Your attorney may negotiate with the prosecutor for a reduced charge (such as reckless driving instead of DWI) or a reduced sentence. Alternatively, you can go to trial, where the prosecution must prove guilt beyond a reasonable doubt. Many DWI cases are resolved through plea agreements rather than trial.

Frequently Asked Questions

Can I drive to work during my license suspension?

In most states, no — a suspension means you cannot drive for any reason. However, some states offer a hardship license or work permit that allows limited driving to and from work or medical appointments. You have to request this from the court or your state's Department of Motor Vehicles, and approval is not may provide. Ask your attorney or the court clerk whether your state offers this option.

What is the difference between a DWI and a DUI?

The terms are often used interchangeably, but some states distinguish between them. DUI typically means driving under the influence of drugs or alcohol, while DWI means driving while impaired. Other states use only one term. The legal consequences are the same regardless of which term your state uses.

Will a fourth degree DWI show up on a background check?

Yes, unless and until it is expunged. It will appear on criminal background checks for employment, housing, and professional licensing. You can ask the court about expungement may be able to access after you complete probation, but you have to file a petition — it does not happen automatically.

Do I have to install an ignition interlock device?

It depends on your state and whether this is your first offense. Some states require an IID for all DWI convictions; others only for repeat offenses or higher BAC levels. Your sentencing order will specify whether an IID is required. If it is, you pay for installation and monthly maintenance yourself, typically $60 to $150 per month.

Can I get the charges reduced or dismissed?

Possibly. An attorney can review the evidence — including how the breathalyzer was calibrated, whether the officer had probable cause to stop you, and whether proper procedures were followed — and may find grounds to challenge the charges. Many cases are resolved through plea agreements for reduced charges like reckless driving. Going to trial is also an option, though it carries the risk of conviction on the original charge.