Though the regulations do not distinguish among levels of DWI, DAC has determined that the credit does not apply to Level A1 sentences.Thus, regardless of how he or she behaves, a defendant sentenced to 36 months imprisonment for Level A1 DWI will be released to post-release supervision after serving 32 months. 20-179(s) if the defendant is ordered to a term of 48 hours or more, he or she must be required to serve 48 continuous hours of imprisonment to receive credit for time served.Any non-continuous period of imprisonment for a split sentence may only be served in a designated local confinement or treatment facility rather than in a DAC prison. Objectives Many patients with asthma spend time and resources consuming complementary and alternative medicines (CAMs). Typically, defendants sentenced at this level are repeat offenders, though it is possible to reach Level A1 if one drives while impaired with a person under 18 in the vehicle, with a license that is civilly revoked for an earlier DWI charge that did not result in conviction, and, in the process, causes serious injury to another. Because Level A1 is a relatively new level of punishment—it applies to offenses committed on or after December 1, 2011—many litigants, judges, and defendants have questions about the legal requirements for such sentences and how the sentences are administered. The defendant must have been accepted by the facility for admission or commitment as an inpatient and must bear the expense of any treatment unless the judge orders the State to absorb the costs. How much of an active Level A1 sentence will a well-behaved defendant actually serve? The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 120 days. May the judge credit against a Level A1 sentence the time a defendant spent in inpatient treatment? The judge also may order that special probation (in other words, a split sentence) imposed pursuant to a suspended Level A1 sentence be served at a facility operated or licensed by the State for the treatment of alcoholism or substance abuse. To be eligible for credit, the treatment must have occurred after the defendant committed the DWI offense for which he or she is being sentenced.
The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1. A defendant sentenced at Level A1 may be fined up to ,000 and must be sentenced to a term of imprisonment that includes a minimum term of not less than 12 months and a maximum term of not more than 36 months. The defendant will serve the maximum term of imprisonment imposed, less four months.A defendant convicted of driving while impaired is subject to sentencing at Level A1 if three or more grossly aggravating factors apply. A defendant sentenced at Level A1 is not eligible for parole.