Operating While Intoxicated
What are the criminal penalties for Operating While Intoxicated?
• OWI 1st offense is a serious misdemeanor, punishable by up to one year in jail and a fine of $1,000 or both. The minimum jail
time is 48 hours.
• OWI 2nd offense is an aggravated misdemeanor, punishable by up to two years in prison and a fine from $1,500 to $5,000.
The minimum jail time is 7 days.
• OWI 3rd or subsequent offense is a class "D" felony, punishable by up to 5 years in prison and a fine from $2,500 to $7,500.
The minimum jail time is 30 days.
• OWI causing serious injury to another person is a class "D" felony, punishable by up to 5 years in prison. A fine from $500 to
$7,500 may be imposed, and victim restitution may be ordered.
• OWI causing the death of another person is a class "B" felony, punishable by up to 25 years in prison. There is no fine, but
victim restitution may be ordered.
• All persons convicted of OWI must undergo a substance abuse evaluation (at the offender's expense) prior to sentencing, and
the court must order the defendant to follow recommendations of the evaluation.
• The license of a person under 21 who submits to a chemical test which indicates an alcohol level of .02 or more but less that
.08 will be revoked for 60 days on a first violation and 90 days on subsequent violations. If such a person is suspected of
operating with an alcohol level of .02 or more but refuses chemical testing, the license revocation will be one year on a first
violation and two years on a second or subsequent violation. If the license is revoked on for a .02 violation, the driver is not
eligible for a temporary restricted license at any time during the revocation.
OWI Revocations
• A driver that submits to a breath test and the chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has had no OWI-related revocations in the previous 12 years, the minimum revocation is
180 days. May apply for a temporary restricted license.
• A driver that submits to a breath test and the chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has one or more revocations in the previous 12 years, the minimum revocation is 1 year. Not eligible for temporary restricted license for 1 year.
• A driver that refuses a chemical test and the person has had no other OWI related revocations in the previous 12 years, the minimum revocation is 1 year. May apply for a temporary restricted license after the first 90 days if an ignition interlock device is installed on all vehicles and a plea of guilty is entered.
• A driver that refuses a chemical test and the person has had one or more revocations in the previous 12 years, the minimum revocation is 2 years. May apply for a temporary restricted license after 1 year if an ignition interlock device is installed on all vehicles.
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