First Offense OWI/PAC

Offense Type: Forfeiture
Jail Time: None
Approximate Total Forfeiture: $620 - $800
Demerit Points: 6
Suspension/Revocation: 6 to 9 months
Occupational License Eligibility: Usually immediate.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Second Offense OWI/PAC

- within 10 years

Offense Type: Misdemeanor
Jail Time: 5 days to 6 months
Approximate Total Fine: $900 to $1800
Demerit Points: 6
Suspension/Revocation: 12 to 18 months
Occupational License Eligibility: Usually after 60 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Third Offense OWI/PAC

- two prior convictions since 01-01-89

Offense Type: Misdemeanor
Jail Time: 30 days to 1 year
Approximate Total Fine: $1170 to $10,300. Fine increases with alcohol content.
Demerit Points: 6
Suspension/Revocation: 2 to 3 years
Occupational License Eligibility: Usually after 90 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered. Vehicle may be seized and forfeited.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Fourth Offense OWI/PAC

- three prior convictions since 01-01-89

Offense Type: Misdemeanor
Jail Time: 60 days to 1 year
Approximate Total Fine: $1170 to $10,300. Fine increases with alcohol content.
Demerit Points: 6
Suspension/Revocation: 2 to 3 years
Occupational License Eligibility: Usually after 90 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered. Vehicle may be seized and forfeited.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Fifth (or more) Offense OWI/PAC

- four prior convictions since 01-01-89

Offense Type: Felony
Jail Time: 6 months to 6 years
Approximate Total Fine: $1170 to $10,300. Fine increases with alcohol content.
Demerit Points: 6
Suspension/Revocation: 2 to 3 years
Occupational License Eligibility: Usually after 90 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered. Vehicle may be seized and forfeited.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Causing Injury by OWI

Offense Type: Misdemeanor (Felony if child in vehicle.)
Jail Time: 30 days to 1 year
Approximate Total Fine: $300 to $2,000 plus costs.
Demerit Points: 6
Suspension/Revocation: 1 to 2 years
Occupational License Eligibility: Usually after 60 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered. Vehicle may be seized and forfeited. Restitution may be ordered.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Causing Great Bodily Harm by OWI

Offense Type: Felony
Jail Time: Up to 12.5 years
Approximate Total Fine: Up to $25,000 plus costs.
Demerit Points: 6
Suspension/Revocation: 2 years
Occupational License Eligibility: Usually after 120 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered. Vehicle may be seized and forfeited.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Homicide While OWI

Offense Type: Felony
Jail Time: Up to 25 years (or up to 40 years if prior OWI related offenses)
Approximate Total Fine: Up to $100,000 plus costs.
Demerit Points: 6
Suspension/Revocation: 5 to 10 years
Occupational License Eligibility: Usually after 120 days. Absolute sobriety required.
In addition: Anyone convicted of drunk driving (or a refusal) will be required to submit to a designated agency for an assessment for alcohol abuse and to follow the agency's recommended "driver safety plan." Some counties order that the defendant attend a facility designed to show the impact on victims of drunk driving. Vehicle immobilization or ignition interlock may be ordered. Vehicle may be seized and forfeited.

• Child in vehicle doubles penalties.
• New & unlicensed drivers may be subject to additional points.
• If there are 2 or more offenses within 5 years, waiting period for occupational is 12 months.
• If offense is committed while operating a commercial motor vehicle, then penalties will include a 1 year CDL disqualification (3 year disqualification if transporting hazardous materials, or lifetime disqualification for 2nd or subsequent OWI).

Refusals

Refusals do not carry a jail time or fines, but the penalties associated with a refusal are often considered to be worse than an OWI. On a second or subsequent offense, even if the driver refuses the test, most officers will hold the driver down and take his blood anyway. The driver ends up with a refusal charge even though the police have his blood test.

First Offense Refusal

Revocation: 1 year
Occupational License Eligibility: After 30 days
Alcohol assessment and driver safety plan required.

Second Offense Refusal

Revocation: 2 years
Occupational License Eligibility: At least 90 days
Alcohol assessment and driver safety plan required. If this is a second offense within 5 years, the court must order an ignition interlock device or vehicle immobilization. The court may order these devices if the first offense was more than 5 years ago.

Third Offense Refusal

Revocation: 3 years
Occupational License Eligibility: At least 120 days
Alcohol assessment and driver safety plan required. If this is a third offense within 5 years, the court must order an ignition interlock device, vehicle immobilization, or even seizure of the vehicle.