Unlike many other misdemeanor criminal and traffic-related offenses, OVI offenses have mandatory penalties. That means that no matter the circumstances, a court must impose mandatory minimum sanctions for a first-time OVI conviction, which makes having OVI attorneys beneficial. The long-term consequences of a conviction can be surprisingly common, given that, according to the National Conference of State Legislatures, about 33% of American adults have a criminal record. The penalties for a first-offense OVI are separated by whether it was a simple OVI, low test or drug, or a high test (over .17 BAC) or a refusal of the breath test with a prior in 20 years. Let’s take them one at a time.
1st in 10 (Simple OVI / low test or drug)
Incarceration:
Mandatory minimum three (3) days jail or a 72-hour Driver Intervention Program. The maximum period of incarceration is 180 days.
Fines:
Mandatory minimum fine of $565. The Court cannot suspend any of the minimum fine. The maximum fine is $1,075.
License Suspension:
Mandatory minimum period of one (1) year. The maximum license suspension is three (3) years. Limited driving privileges can be granted.
Restricted Plates and/or License Interlock:
Restricted plates, also commonly referred to as “party” plates, are optional. The license interlock, the device you have to blow into to start your vehicle, may be imposed as a sanction but is not mandatory.
Vehicle Immobilization or Forfeiture:
Your vehicle is subject to immobilization for ninety (90) days if it is registered to you and you have a prior conviction for Physical Control while Under the Influence of Alcohol.
Points:
A conviction for a first-offense OVI comes with six (6) points on your license. There is no option for the Court to waive or reduce the points.
1st in 10 years (High Test or Refusal with Prior in 20 Years)
Incarceration:
Mandatory minimum six (6) days jail or three (3) days jail and a 72-hour Driver Intervention Program. The maximum period of incarceration is 180 days.
Fines:
Mandatory minimum fine of $565. The Court cannot suspend any of the minimum fine. The maximum fine is $1,075.
License Suspension:
Mandatory minimum period of one (1) year. The maximum license suspension is three (3) years. Limited driving privileges can be granted.
Restricted Plates and/or License Interlock:
Restricted plates, also commonly referred to as “party” plates, are optional. The license interlock, the device you have to blow into to start your vehicle, may be imposed as a sanction but is not mandatory.
Vehicle Immobilization or Forfeiture:
Your vehicle is subject to immobilization for ninety (90) days if it is registered to you
Points:
A conviction for a first-offense OVI comes with six (6) points on your license. There is no option for the Court to waive or reduce the points. Whether you’ve been charged with a first-offense simple OVI or a high-tier OVI, the consequences of a conviction are real and mandatory. Even more reason to consult with our OVI attorneys about potential defenses you may have and your options.
