| First OVI in six years - BAC between .08-.17 or drugged driving |
| Degree of Offense | Possible Incarceration | Possible Fines | Possibility of Treatment | Possible License Suspension | Possibility of Obtaining Driving Privileges During License Suspension | Immobilization / Forfeiture of Vehicle |
| 1st Degree Misdemeanor | 3 days jail or Driver Intervention Program up to a maximum of 6 months in jail. | $375 - $1,075 | Optional | 6 months - 3 years | After 15 days | No |
| 1st OVI in six years - BAC over .17, or refusal to take BAC test with a prior OVI within 20 years |
| 1st Degree Misdemeanor | 6 days in jail or 3 days in jail and 3 days of Drivers Intervention Program up to a possible maximum of 6 months in jail. | $375 - $1,075 | Optional | 6 months - 3 years | After 15 days | No |
| 2nd OVI in six years - BAC between .08-.17 or drugged driving |
| 1st Degree Misdemeanor | 10 days in jail or 5 days in jail and 18 days of House Arrest with Electronic Monitoring (HAEM) and/or Continuous Alcohol Monitoring (CAM) up to a maximum of 6 months in jail | $525 - $1,625 | Mandatory Treatment | 1 year - 5 years | After 45 days | 90 days of immobiliztion if vehicle is registered to defendant |
| 2nd OVI in six years with a BAC above .17 or a current refusal to take BAC test with a prior OVI in 20 years |
| 1st Degree Misdemeanor | 20 days in jail or 10 days in jail and 36 days HAEM and/or CAM up to a maximum of 6 months in jail. | $525 - $1,625 | Mandatory Treatment | 1 year - 5 years | After 45 days | 90 days of immobiliztion if vehicle if registered to defendant |
| 3rd OVI in six years with BAC between .08-.17 or drugged driving |
| Unclassified Misdemeanor | 30 days in jail or 15 days in jail and 55 days HAEM and/or CAM up to a maximum of 1 year in jail. | $850 - $2,750 | Mandatory Treatment | 2 years - 10 years | After 180 days | Forfeiture of vehicle if registered to defendant. |
| 3rd OVI in six years - BAC over .17 or current refusal to take BAC test with a prior OVI within 20 years |
| Unclassified Misdemeanor | 60 days in jail or 30 days in jail and 110 days HAEM and/or CAM up to a maximum of 1 year in jail. | $850 - $2,750 | Mandatory Treatment | 2 years - 10 years | After 180 days | Forfeiture of vehicle if registered to defendant. |
| 4th or 5th OVI in six years or 6th in 20 years for BAC between .08-.17 or drugged driving |
| 4th Degree Felony | 60 days local incarceration, up to 1 year; or 60 days prison, with option of additional 6 to 30 months | $1,350 - $10,500 | Mandatory Treatment | 3 years to life | After 3 years | Forfeiture of vehicle if registered to defendant. |
| 4th or 5th OVI in six years or 6th in 20 years with a BAC over .17 or refusal to blow breathalyzer test |
| 4th Degree Felony | 120 days local incarceration, up to 1 year; or 60 days in prison, with option of addition 6 to 30 months. | $1,350-$10,500 | Mandatory Treatment | 3 years to life | After 3 years | Forfeiture of vehicle if registered to defendant. |
| 2nd of greater Felony OVI during lifetime for BAC between .08-.17 or drugged driving |
| 3rd Degree Felony | 60 days in prison up to a maximum of 5 years. | $1,350 - $10,500 | Mandatory Treatment | 3 years to life | After 3 years | Forfeiture of vehicle if registered to defendant.
|
