Severe Consequences Result from Violating an OVI Suspension

If you’ve continued to read this blog, its is clear that one’s driving privileges will be suspended for a period of time as a result of an OVI conviction. Minimum suspensions begin at 6 months for first offenders to two years for multiple offenses. Limited driving privileges can be obtained by motion after a period of suspension. The court has discretion in determining those privileges which normally are for employment, educational, medical or alcohol interdiction programs. The driving privileges are set forth in a court order that the defendant must carry with them while driving. In the event the driver is stopped a reading of the order by the police officer will be determinative of whether the defendant has violated the terms of their restrictive driving privileges.

It is important that anyone given privileges during the period of their suspension understand the severe penalties for their violation of those limited driving rights. The additional penalties imposed for driving under an OVI suspension are as follows:

First Time in 6 Years

3-180 days in jail or 30-180 days of house arrest

with electronic monitoring

$250-$1000 fine

Mandatory 30 day immobilzation

Restricted Plates

Second in 6 Years

10 days to 1 Year in jail or 90 days - 1 year of house arrest

with electronic monitoring

$500-$2500 fine

Mandatory 60 day immobilization

Restricted Plates

Third of More Times in 6 years

30 days to 1 year jail (no house arrest with

electronic monitoring)

$500-$2500 fine

Automobile is forfeited

As one can see from the chart, if you are caught in violation of the restrictions imposed by the court you can face mandatory jail, large fines and immobilization or forfeiture of your automobile. Therefore, it is vitally important that your attorney be advised of any circumstance that should be reflected in any court order. Among these are child custody issues, unusual work schedules, important family medical issues, attendance at AA or alcohol or drug interdiction programs, or religious requirements. These must be reflected in any order as many courts will strictly construe the restrictions set forth in the court order.