Enhanced Sentencing for OUI/OWI Offenses
The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same general pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). Frequently, the sentencing provisions of the OWI/OUI laws impose greater penalties upon offenders who had prior OWI/OUI convictions, a prior related loss of license, or a "high" blood alcohol concentration (BAC). States vary in terms of the high-BAC threshold (which ranges from .15 to .20 percent), and the types, severity, and complexity of sanctions.
The types of sanctions for prior offenders, ages 21 years and older, generally include the following:
Longer or more intensive education and/or treatment;
Limitations on deferred judgment provisions;
Limitations on plea reductions;
Enhanced driver sanctions including jail, driver license sanctions, jail or jail/community service, and jail or jail/electronic home monitoring, fine, and license sanctions;
Vehicle sanctions, including ignition interlock devices and administrative plate impoundment or vehicle registration revocation ;
Court consideration of high BAC or prior offenses as an aggravating or special factor or requirement;
"Hold for court" provision that restricts release from jail upon arrest; and
Felony offense for any combination of three alcohol-related driving convictions.
With respect to "first offenders," the enhanced sanctions for a "high"BAC generally include a mandatory minimum jail sentence, compared to no mandatory minimum sentence for other first offenders, a doubling of the license revocation sanctions, a pre-conviction administrative license plate impoundment, stiffer fines, and other enhanced penalties. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |