An OWI that causes the death of another person is a class “B” felony, punishable by up to 25 years in prison. This sentence cannot be suspended, and a defendant cannot be released on bail before sentencing, or while on appeal. There is no fine, but victim restitution may be ordered.
OWI which causes a serious injury to another person is a class “D” felony, punishable by up to 5 years in prison. This sentence cannot be suspended. A fine of from $500 to $7,500 may be imposed, and victim restitution may be ordered.
Yes, but the length of the suspension depends on your BAC and surrounding circumstances.
The license of a person under 21 who submits to a chemical test which indicates an alcohol level of .02 or more, but less than .08, will be revoked for 60 days on a first violation and 90 days on subsequent violations. If you are suspected of operating with an alcohol level of .02 or more and refuse chemical testing, the license revocation will be one year on a first violation and two years on a second or subsequent violation. These revocations, .02/“zero tolerance” revocations, are administrative and are not dependent upon criminal charges being filed. If a license is revoked for a .02/“zero tolerance” violation, the driver is not eligible for a temporary restricted license at any time during the revocation.
After a 1st refusal with no OWI-related revocations in the previous 12 years your driver’s license will be revoked for 1 year. However, you may apply for a temporary restricted license after the first 90 days if an ignition interlock device is installed on all of your vehicles and you plead guilty in court.
If it is your 2nd Refusal within the last 12 years your driver’s license will be revoked for 2 years. You may apply for a temporary restricted license after one year, if ignition interlock device is installed on all of your vehicles.
1st Conviction: Minimum 180 days
You may apply for a temporary restricted license. If an accident occurred, or if the BAC level was .15 or greater, you must wait 30 days. You must install an ignition interlock device if the BAC level is .10, or greater or if an accident occurred. You must wait 90 days if you refused to test.
Second Conviction (within last 12 years): 2 years
You may apply for a temporary restricted license after one year, if ignition interlock device is installed on all vehicles.
If you are under age 21, you are ineligible for temporary restricted license until 60 days have passed.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.