OUIL PENALTIES
OUIL PENALTY SHEET (01-03-2007)
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Operation While Visibly
Impaired
(No BAC presumption)
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Operating While
Intoxicated
(BAC .08 or higher)
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Zero Tolerance
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1st Offense (no priors)
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Misdemeanor
1 OR MORE:
- up to 93 days in jail
- fine of up to $300
- up to 360 hours community service
- 90 days restricted
- 4 points on license
- No plate confiscation
- possible 180 day immobilization
- $500 driver responsibility fee for two consecutive years
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Misdemeanor
1 OR MORE:
- up to 93 days in jail
- fine of $100 to $500
- up to 360 hours community service
- 30 days suspended/150 days restricted
- 6 points on license
- No plate confiscation
- Discretionary immobilization
- Possible ignition interlock
- $1,000 driver responsibility fee for two consecutive years
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Misdemeanor
1 OR BOTH:
- up to $250 fine
- up to 360 hours community service
- 30 Day restricted license
- 4 points on license
- No plate confiscation
- No immobilization
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2nd Offense (any priors within 7 years)
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Misdemeanor
$200-$1000 fine and 1 or more:
- 5 days to 1 year in jail
- 30 to 90 days community service
minimum 1 year revocation of license* (no restricted possible)
- 4 points on license
- mandatory 90 - 180 day vehicle immobilization
- Plate confiscation
- Potential vehicle forfeiture
- $500 driver responsibility fee for two consecutive years
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Misdemeanor
$200-$1000 fine and 1 or more:
- 5 days to 1 year in jail
- 30 to 90 days community service
minimum 1 year revocation of license* (no restricted possible)
- 6 points on license
- mandatory 90 - 180 day vehicle immobilization
- Plate confiscation
- Potential vehicle forfeiture
- $1000 driver responsibility fee for two consecutive years
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Misdemeanor
1 OR MORE:
- up to $500 fine
- up to 93 days in jail
- up to 60 days community service
90 day suspended license or if prior drinking/ driving then 1 year revocation/ denial
- No plate confiscation
- No immobilization
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3rd Offense (2 priors of any kind within a lifetime after January 3, 2007)
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FELONY
$500-$5000 fine AND either:
- 1 to 5 years in prison OR 30 days to 1 year in jail, probation
- 60-180 days community service
minimum 5 year** revocation*
- 4 points on license
- mandatory 1 - 3 year vehicle immobilization unless forfeited
- Plate confiscation
- $500 diver responsibility fee for two years
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FELONY
$500-$5,000 fine AND either:
- 1 to 5 years in prison OR 30
days to 1 year in jail, probation
- 60-180 days community service
minimum 5 year** revocation*
- 6 points on license
- mandatory 1-3 year vehicle
immobilization unless forfeited
- Plate confiscation
- $1000 driver responsibility
fee for two years
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* NOTE: License reinstatement is not automatic. A hearing must be held before the Driver License Appeal Division (DLAD) to determine, among other things, if a driver's substance abuse is under control and if the risk of the driver repeating past abuse behavior is low or minimal. You are allowed only one reinstatement hearing a year.
