Criminal Sentencing/Administrative Consequences of 2003 PA 61; EHB 4247.
Effective 09/30/03, removes reference to "intoxicating liquor" and adds new definition for "alcoholic liquor". Removes presumption of BAC level regarding impairment. Provides a one-year suspension for a first implied consent refusal, and a two-year suspension for a second or subsequent implied consent refusal within seven years. The new language in section 257.625(8) is essentially a zero-tolerence to drugs. There is no burden on the prosecutors to prove "under the influence or impaired" driving caused by the use of the drug. They only have to prove: 1) The Defendant was driving with 2) Drugs in system.
OPERATING WHILE INTOXICATED (OWI) FIRST OFFENSE (no prior 625 crime)
- $100 to $500 Fine and/or
- Up to 93 Days Jail and/or
- Up to 45 Days Community Service
- Driver License Suspension for 6 Months
(no Restricted License for first 30 days)
- Possible Court-Ordered Ignition Interlock
- Possible immobilization up to 180 Days
OPERATING WHILE VISIBLY IMPAIRED (OWVI) FIRST OFFENSE
- $100 to $300 Fine and/or
- Up to 93 Days Jail and/or
- Up to 45 Days Community Service
- Driver License Suspension (Possible Restricted License if eligible)
- Possible immobilization up to 180 Days
OWPD FIRST OFFENSE (no prior 625 crime) Operating with presence of Drugs 333.7212, 7214(a)(iv) & 625(8)
- Up to $300 Fine and/or
- Up to 93 Days Jail and/or
- Up to 45 Days Community Service
- Driver License Restrictions 90 days
- Possible immobilization up to 180 Days
OWI SECOND OFFENSE - or any prior drunk driving conviction within 7 years
- $200 to $1,000 Fine and
- 5 Days to 1 Year Jail and/or
- 30 to 90 Days Community Service
- Driver License Revocation
- License Plate Confiscation
- Immobilization 90 to 180 days unless forfeited
- Possible Vehicle Forfeiture
OWVI SECOND OFFENSE - or any prior drunk driving conviction within 7 years
- $200 to $1,000 Fine and
- 5 Days to 1 Year Jail and/or
- 30 to 90 Days Community Service
- Driver License Revocation
- License Plate Confiscation
- Immobilization 90 to 180 days unless forfeited
- Possible Vehicle Forfeiture
OWI THIRD OFFENSE - or any 2 prior drunk driving conviction within 10 years)
- $500 to $5,000 Fine AND either of the
following:
- 1-5 Years Prison OR Probation with 30
Days to 1 Year Jail AND 60-80 Days
Community Service
- Driver License Revocation - 5 Years
- License Plate Confiscation
- Registration Denial
- Immobilization 1-3 Years
- Possible Vehicle Forfeiture
OWVI THIRD OFFENSE - or any 2 prior drunk driving conviction within 10 years
- $500 to $5,000 Fine AND either of the
following:
- 1-5 Years Prison OR Probation with 30
Days to 1 Year Jail AND 60-80 Days
Community Service
- Driver License Revocation - 5 Years
- License Plate Confiscation
- Registration Denial
- Immobilization 1-3 Years
- Possible Vehicle Forfeiture
ACCIDENT CAUSING LONG-TERM INCAPACITATING INJURY (FELONY) FIRST OFFENSE
- $1,000 to $5,000 Fine and/or
- Up to 5 Years Prison
- Driver License Revocation
- License Plate Confiscation
- Immobilization up to 180 days
- Possible Vehicle Forfeiture
ACCIDENT CAUSING DEATH (FELONY) FIRST OFFENSE
- $2,500 to $5,000 Fine and/or
- Up to 15 Years Prison
- Driver License Revocation
- License Plate Confiscation
- Immobilization up to 180 days
- Possible Vehicle Forfeiture
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