OPERATING UNDER THE INFLUENCE (OUI)
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Driving under the influence is the most common offense in our society. It can be charged as either a misdemeanor or
felony OUI, depending upon your record or whether there were serious injuries.
If you are arrested for an OUI, you have the right to refuse to do the field sobriety tests and the portable breath test
that the police want you to take in their field investigation. You also have a right to refuse the breathalyzer test at the
station. Note that refusal of the breathalyzer test will result in automatic license loss for 1 year or more, even if you
are found Not Guilty of OUI.
OPERATING UNDER THE INFLUENCE: PENALTIES
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Melanie’s Law took effect on October 28, 2005. It increased refusal periods, increased waiting periods for hardship
licenses and requires an IGNITION INTERLOCK DEVICE to reinstate licenses for ALL SUBSEQUENT
OFFENDERS. All license losses on a case are added to each other.
If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the
rest of the refusal suspension period.
FIRST OFFENSE: ADULT
- Incarceration: Up to 2 ½ years House of Correction ; Fine: $500-$5,000 ; License suspended for 1 year,
work/education hardship considered in 6 months, general hardship in 6 month.
- 1 year Probation with mandatory participation in alcohol-drug education program paid for by the client
- License suspended for 45 to 90 days (210 days for drivers under age 21) A hardship license is usually
available upon completion of an intake for the first offenders program.
- This sentence is also available for 2nd offenses if there is only 1 other prior offense and the conviction or
plea on that offense occurred more than 10 years prior to the date of the arrest
FIRST OFFENSE: UNDER 21
- The minimum loss is 210 days, run on/after the above suspensions. The 2nd 180 day suspension is waived if
the defendant enters the program. Net result is 390 days if they enter a program.
- The operator can get the first 180 days cleared if they get an order from the court. They still must serve the 2nd
180 days unless they enter a program.
SECOND OFFENSE
- Incarceration: Not less than 60 days (30 days mandatory), Up to 2 ½ years; Fine: $600-$10,000 ; License
suspended for 2 years, work/education hardship considered in 1 year, general hardship in 18 months
- A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The
device requires that the operator have a breath alcohol level of less than .02 for the car to start.
- 2 years probation ; 14 day inpatient treatment program paid for by the defendant
- License suspended for two years, work/education hardship considered in 1 year, general hardship in 18
months
- A condition of any hardship license is the installation of an ignition interlock device for at least 2
years. The device requires the operator have a breath alcohol level of less than .02 for the car to start.
THIRD OFFENSE: Felony
- Incarceration: Not less than 180 days (150 days mandatory), Up to 5 years State, May be served in a
correctional facility treatment programs; Fine $1,000-$15,000
- License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years
- A condition of any hardship license is the installation of an ignition interlock device for at least the hardship
period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
FOURTH OFFENSE: Felony
- Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years ; Fine: $1,500-$25,000
- License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years
- A condition of any hardship license is the installation of an ignition interlock device for at least the hardship
period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
FIFTH OFFENSE: Felony
- Incarceration: Not less than 2 ½ years (2 years Minimum Mandatory), not more than 5 years; Fine
$2,00-$50,000
- License loss for Life, no possibility of hardship
RMV LICENSE REINSTATEMENT FEES
- First Offense $500.00
- Second Offense $700.00
- Third Offense $1,200.00