Penalties for OVI/DUI

Penalties for a First OVI/DUI in 10 Years

Low Level

  • Minimum Incarceration: (a) 3 days of jail or (b) 3 days DIP. May be avoided with an interlock.
  • Maximum Incarceration: 6 months
  • Probation up to 5 years
  • Fine: $375 up to $1,075
  • Optional treatment order.
  • License suspension of 1 to 3 years. No driving privileges during first 15 days (30 if a refusal).
  • License Reinstatement Fee of $475.00
  • Restricted Plates optional.
  • Interlock optional
  • 6 points assessed to driving record

High Level or Refusal with an OVI Conviction within the Past 20 Years

  • Minimum Incarceration: (a) 6 days of jail or (b) 3 days DIP and 3 days of jail
  • Maximum Incarceration: 6 months
  • Probation up to 5 years
  • Fine: $375 up to $1,075
  • Optional treatment order.
  • License suspension of 1 to 3 years. No driving privileges during first 15 days (30 if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates optional.
  • Interlock optional
  • 6 points assessed to driving record

Penalties for a Second OVI/DUI in 10 Years

Low Level

  • Minimum Incarceration: (a) 10 days of jail or (b) 5 days of jail and 18 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 6 months
  • Probation up to 5 years
  • Fine from $525 up to $1,625
  • Mandatory alcohol/drug assessment and recommended treatment
  • License suspension of 1 to 7 years. No driving privileges during first 45 days (90 if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • 90 Day immobilization of vehicle if registered to defendant.
  • 6 points assessed to driving record

High Level or Refusal with an OVI Conviction within the Past 20 Years

  • Minimum Incarceration: (a) 20 days of jail or (b) 10 days of jail and 36 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 6 months
  • Probation up to 5 years
  • Fine from $525 up to $1,625
  • Mandatory alcohol/drug assessment and recommended treatment
  • License suspension of 1 to 7 years. No driving privileged during first 45 days (90 if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • 90 Day immobilization of vehicle if registered to defendant.
  • 6 points assessed to driving record

Penalties for a Third OVI/DUI in 10 Years

Low Level

  • Minimum Incarceration: (a) 30 days of jail or (b) 15 days of jail and 55 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 1 year
  • Probation up to 5 years
  • Fine from $850 up to $2,750
  • Mandatory alcohol/drug addiction program
  • License suspension of 2 to 12 years. No driving privileges during first 180 days (1 year if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • Forfeiture of vehicle if registered to defendant.
  • 6 points assessed to driving record

High Level or Refusal with an OVI Conviction within the Past 20 Years

  • Minimum Incarceration: (a) 60 days of jail or (b) 30 days of jail and 110 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 1 year
  • Probation up to 5 years
  • Fine from $850 up to $2,750
  • Mandatory alcohol/drug addiction program
  • License suspension of 2 to 12 years. No driving privileges during first 180 days (1 year if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • Forfeiture of vehicle if registered to defendant.
  • 6 points assessed to driving record

Penalties for a Fourth OVI/DUI in 10 Years

Become felony charges.

Other Consequences

In addition to the penalties imposed by the court and the BMV, an OVI conviction may make it illegal to travel to Canada, may increase auto insurance rates, and may make it difficult to find future employment. OVI convictions cannot be expunged or sealed.

Share by: