OPERATING UNDER THE INFLUENCE (OUI)
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
Melanie’s Law took effect on October 28, 2005.  It increased refusal periods, increased waiting periods for hardship
licenses and r
equires 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


FIRST OFFENSE:  UNDER 21

SECOND OFFENSE


THIRD OFFENSE:  Felony

FOURTH OFFENSE:  Felony

FIFTH OFFENSE:  Felony


RMV LICENSE REINSTATEMENT FEES