Factors to consider when charged with a 2nd OVI within 6 yrs of a prior OVI conviction: Keep in mind that the State will have a conducted a national background search to see ALL convictions AND charges related to a defendant. In addition, the Administration License Suspension will remain even if a jury returns a not guilty verdict.
2nd OVI charge with a prior conviction within 20 yrs and a current refusal of any chemical test:
- Administration License Suspension of 1 year;
- 30 day hard suspension before any limited privileges may be granted;
- Jail: 6 days minimum mandatory; up to 6 months;
- $375 – $1075 fine
- 6 month to 3 year driver’s license suspension;
- ignition interlock and restrictive plates are both optional;
- up to 5 years of probation;
- a State approved driver’s intervention program may be completed to receive 3 days credit of any jail sentence imposed.
2 OVI within 6 yrs of prior conviction for OVI.
- Administration License Suspension for one year for a prohibited test over .08;
- Administration License Suspension for test refusal is a two year license suspension;
- Jail – Minimum mandatory of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months if test is .169 or below.
- Jail- Minimum mandatory 20 days if the test was .170 or above or the test was refused or 15 days jail and 55 consecutive days of electronically monitored house arrest
- Fine – Minimum $525 and not more than $1,625;
- Discretionary driver’s intervention program;
- Vehicle immobilized and plates impounded for 90 days if registered to defendant;
- Up to 5 years on probation;
- Court License Suspension – 1 year to 5 years, restricted license plates required, ignition interlock device required.
- For .08 – .169 no driving privileges until the hard suspension of 45 days runs;
- For .170 and above or refusal of chemical test, no driving privileges until the hard suspension of 90 days runs.
3rd OVI in within 6 yrs of prior convictions for OVI:
- Administration License Suspension for two years for a prohibited test over .08;
- Administration License Suspension for test refusal is a three year license suspension;
- Jail : Minimum Mandatory 30 consecutive days on a test over .08 but below .17;
- Jail: Minimum Mandatory 60 days for a test .17 or above or a refusal of any chemical test.
- Jail: up to one year (unclassified misdemeanor)
- Alternative sentence – 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year – if there was a high tier BAC result, the minimum jail time doubles;
- Fine – Minimum $850 and not more than $2,750;
- Mandatory attendance in an alcohol treatment program paid for by offender;
- Vehicle forfeited to state if it is registered to defendant;
- Up to 5 years on probation;
Court License Suspension – 2 year to 10 years, no privileges for 180 days and then only with restricted license plates and an ignition interlock device.