General OWI - Penalties

Charges can vary from the type of license you have to the level of OWI you are facing. Penalties can also depend upon the quality of representation you have as well. The difference between an average attorney and a specialist in OWI can mean the difference in your case. Don’t be under-represented because you incorrectly believe that all attorneys are the same. Below is a breakdown, generally, by level of offense.

First Offense OWI:

  • Generally, there isn’t a jail sentence, unless there is an accident with injury or a passenger who is less than 16 years old in the car, which could mean up to 6 month jail.
  • The fine can range from $150 – $300, plus substantial court costs.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 6 to 9 months (or 1 year if there was a Refusal), but you will immediately qualify for an occupational license (or 30 days if there was a Refusal), as long as you obtain an SR22 high risk rider insurance policy.
  • If you have a blood alcohol content of .15 or higher, you will be required to have an Ignition Interlock device (IID) installed on your vehicle for 12 months.
  • You will need to have an alcohol assessment (AODA).

Second Offense OWI:

  • You will be sentenced from 5 days to 6 months in jail.
  • The fine can range from $350 to $1,100, plus substantial court costs.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 12 to 18 months (or 3 years if there was a Refusal), and you have to wait 45 days (or 120 days if there was a Refusal or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device for a minimum of 12 months and up to 18 months.
  • You have to have an alcohol assessment (AODA).

Third Offense OWI:

  • You will be sentenced from 45 days to 12 months in jail or prison if a felony matter.
  • Charges are Felony in nature if there was a child under the age of 16 in the vehicle.
  • The fine can range from $600 to $2,000, plus substantial court costs, and can be doubled, tripled or quadrupled, depending upon your BAC level.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 24 to 36 months (or 3 years if there was a Refusal), and you have to wait 45 days (or 120 days if there was a Refusal or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device for a minimum of 12 months and up to 36 months.
  • You have to have an alcohol assessment (AODA).

Fourth Offense OWI:

  • You will be sentenced from 45 days to 12 months in jail or prison if a felony matter.
  • Charges are Felony in nature if there was a child under the age of 16 in the vehicle or if your third offense was within 5 years of the fourth offense.
  • The fine can range from $600 to $2,000, plus substantial court costs, and can be doubled, tripled or quadrupled, depending upon your BAC level.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 24 to 36 months (or 3 years if there was a Refusal), and you have to wait 45 days (or 120 days if there was a Refusal or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device for a minimum of 12 months and up to 36 months.
  • You have to have an alcohol assessment (AODA).

Fifth or Sixth Offense OWI:

  • You be sentenced anywhere 6-months jail to 6-years in prison, with the first three years confined in prison.
  • The fine will range up to $10,000, plus substantial court costs.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 2-3 years, and you have to wait 45 days (or 120 days if there was a Refusal or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device.
  • You have to have an alcohol assessment (AODA).

Seventh, Eighth or Ninth Offense OWI:

  • You be sentenced anywhere 3-years to 10 years in prison.
  • The fine will range up to $25,000, plus substantial court costs.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 2-3 years, and you have to wait 45 days (or 120 days if there was a Refusal or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device.
  • You have to have an alcohol assessment (AODA).

Tenth or More Offense OWI:

  • You be sentenced anywhere 4-years to 12.5 years in prison.
  • The fine will range up to $25,000, plus substantial court costs.
  • You may get 6 demerit points on your license and your driver’s license will be revoked for 2-3 years, and you have to wait 45 days (or 120 days if there was a Refusal or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device.
  • You have to have an alcohol assessment (AODA).