Penalties
1st Offense
- ALS for test refusal = one year license suspension;
- ALS for a prohibited BAC = 90 day license suspension;
- Jail - Minimum of three consecutive days or 3-day driver intervention program;
- Fine - Minimum $375 and not more than $1,075;
- Court License Suspension - 6 months to 3 years, ignition interlock device may be ordered by the Court;
- Up to 5 years on probation;
- If there was a high tier BAC result, an additional 3 days in jail and restricted license plates.
2nd Offense in 6 years
- ALS for one year for a prohibited BAC;
- ALS for test refusal = two year license suspension;
- Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months - if there was a high tier BAC result, the minimum jail time doubles;
- Fine - Minimum $525 and not more than $1,625;
- Discretionary driver's intervention program;
- Vehicle immobilized and plates impounded for 90 days;
- Up to 5 years on probation;
- Court License Suspension - 1 year to 5 years, restricted license plates required, ignition interlock device required.
3rd Offense in 6 years
- ALS for two years for a prohibited BAC;
- ALS for test refusal = three year license suspension;
- Jail - Minimum 30 consecutive days to one year;
- Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year - if there was a high tier BAC result, the minimum jail time doubles;
- Fine - Minimum $850 and not more than $2,750;
- Mandatory attendance in an alcohol treatment program paid for by offender;
- Vehicle forfeited to state if it is registered to defendant;
- Up to 5 years on probation;
- Court License Suspension - 2 year to 10 years, no privileges for 180 days and then only with restricted license plates and an ignition interlock device.
4th or More Offense in 6 years or 6th Offense in 20 years
- ALS for three years for a prohibited BAC;
- ALS for test refusal = five years license suspension;
- Jail - Minimum of 60 consecutive days and up to one year in jail - if there was a high tier BAC result, the minimum jail time doubles;
- Fine - Minimum $1350 and not more than $10,500;
- Mandatory drug/alcohol treatment program paid for by offender;
- Vehicle Forfeiture - Mandatory criminal forfeiture if vehicle operated is owned by offender;
- Up to 5 years on probation;
- Court License Suspension - 3 years to Permanent Revocation, no limited privileges for first 3 years and then only with restricted plates and an ignition interlock.
If a person has a prior offense within 20 years and they refuse a blood alcohol test, the person is sentenced as though they had a "high-tier" blood alcohol result.
For more information, view a detailed Penalty Chart (PDF).
Learn more with this chart outlining the Prohibited Drug and Alcohol Concentrations.
Collateral consequences include higher insurance premiums, denial or delay in obtaining US citizenship, being unable to travel to Canada for business or pleasure, higher life insurance premiums, a permanent mark on your record that cannot be expunged, negative employment consequences, etc.
