(1) operating a vehicle while under the influence of alcohol or drugs and (2) operating a vehicle while having an elevated Blood Alcohol Content (greater than .08). For the most part, the two carry the same penalties.
The first conviction is penalized with a fine of $500 - $1,000 and a license suspension for a period of one year. The court may either sentence you to up to (a) six (6) months in jail, forty-eight (48) hours of which may not be suspended or reduced in anyway, or (b) 100 hours of community service.
The second conviction will result in a fine of $1,000 - $4,000 and up to two (2) years in prison, 120 days of which may not be suspended or reduced for any reason. Any probation granted by the court will be conditioned on the completion of 100 hours of community service.
If the second conviction was for Driving While Intoxicated, the operator’s license will be suspended for one year. After that year, the court will order the attachment of an ignition interlock system, which prevents you from driving the car with a BAC of greater than .02.
If the second conviction was for Driving With an Elevated Blood Alcohol Level, the license suspension will be for three years. There is no option to request an ignition interlock system.
The third conviction in ten years will result in a fine o between $2,000 - $8,000 and up to three (3) years in jail, one year of which may not be suspended or reduced for any reason. Any probation will be conditioned on the completion of 100 hours of community service. The driver’s license will be permanently revoked.
The court has discretion to order attendance at a Victim’s Impact Panel. This will carry a participation cost of up to $25.
The court also has discretion to order participation in a Drug and Alcohol Treatment/Education Program. However, upon the second and subsequent conviction, participation in this program is required in order to have your license reinstated.
You have the right to refuse to submit to a blood, urine, or breath test upon arrest. However, refusal to submit will result in a longer administrative suspension of your license while you are awaiting a court date.
If the chemical test is refused, the arresting officer must write a report stating his probable cause for making the arrest and attesting to the fact that the accused refused the test. The report will be submitted to the Commissioner of Motor Vehicles, who may impose an administrative sanction. This is appealable and you have the right to a hearing in front of the Commissioner to contest the officer’s report.
These are different than the ones imposed by the court and operate before the actual court date.
- BAC of .08 or greater: 90 days
\n- BAC of .16 or greater: 120 days
\n- Refused Test: 6 months
- BAC of .08 or greater: 9 months
\n- BAC of .16 or greater: 10 months
\n- Refused Test: 12 months
- BAC of .08 or greater: 2 years
\n- BAC of .16 or greater: 2.5 years
\n- Refused Test: 3 years