FIRST OFFENSE IN TEN YEARS

Three days in jail or three days to be served in a Certified Driver Intervention Program (DIP). Maximum incarceration exposure is up to six months in jail. A minimum fine of $375, up to $1075. A driver’s right suspension of at least one year up to three years. If the offense is a first offense in ten years but the defendant provides a high test or has a prior conviction within the previous 20 years, and refuses the chemical test, that person would be subjected to six days in jail or three days in jail and three days in the DIP. Further, the defendant would be required to have yellow license plates as a condition of limited driving privileges.

SECOND OFFENSE OVI WITHIN TEN YEARS

A minimum of 10 days in jail up to six months of incarceration. A mandatory minimum fine of $525 up to $1625. A license suspension of anywhere from one year to seven years. Yellow license plates and an ignition interlock device mandatory as a condition of limited driving privileges. Furthermore, the defendant’s vehicle would be subject to a 90 day immobilization period. The person would have to undergo a mandatory alcohol or drug assessment incomplete any recommended treatment. Additionally, if the person is charged with a high chemical test, or having refused a chemical test with a previous conviction in the preceding 20 years, that person would be facing a mandatory minimum 20 days in jail.

THIRD OFFENSE OVI IN TEN YEARS

A third offense OVI is considered an unclassified misdemeanor because it does not fit the cookie-cutter definition of a 1st degree misdemeanor. While most first-degree misdemeanors are punishable by a maximum of six months in jail, a third offense OVI subjects the individual to a maximum term of incarceration of up to one year. The mandatory jail time, if convicted of a third offense OVI is 30 days in jail. However if the person is charged with a high test, or has a prior conviction in the preceding 20 years, and refuses a chemical test on the instant case, he or she would be subjected to a mandatory minimum jail term of 60 days. The fine for a third offense ranges from $850-$2750. Further the license suspension ranges from two years to twelve years with ignition interlock and yellow license plates as a condition of any potentially granted limited driving privileges. In addition, the defendant’s vehicle would be subject to forfeiture if the defendant is the registered vehicle owner. And finally someone convicted of a third offense OVI would have to undergo a mandatory alcohol and/or drug addiction counseling program.

ADDITIONAL OVI OFFENSES

If someone is charged with a fourth OVI offense in ten years, or a sixth OVI in 20 years, that charge would be treated as a felony. Also, if an individual has already been convicted of a felony OVI, any subsequent OVI charges would be filed as a felony as well. A felony OVI is a serious offense that would subject a defendant to a potential prison term and lifetime license suspension, in addition to more serious penalties across the board.

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