An O.U.I. follows you long after the suspension ends. Your license comes back with conditions, the costs pile up past $7,000, and a crash involving a death brings even harsher rules.
Know the rule
A license reinstated after an O.U.I. is conditional: you may not drive with any amount of alcohol in your system.
Handbook p. 32 ↗Added to an O.U.I. or refusal suspension if a passenger under 21 was in the vehicle
Handbook p. 33 ↗How long the license stays conditional
| After | Conditional for |
|---|---|
| 1st O.U.I. conviction | 1 year |
| 2nd or later conviction | 10 years |
Conditional licensee violations
| Violation | Suspension |
|---|---|
| Driving with any amount of alcohol | 1 year, without preliminary hearing |
| Driving at 0.08 or higher | Same as a 2nd or 3rd O.U.I. |
| Refusing an alcohol test | 2 years, added to prior suspension |
Know the rule
If you're arrested for O.U.I., or for operating after an O.U.I.-related suspension, your vehicle can be seized, and you pay towing and storage fees plus a fine and jail time.
Handbook p. 34 ↗Fatal crashes:
- Every driver in a fatal crash (or where death is likely) must take a chemical test; refusal: 1-year suspension
- Impaired driving that negligently causes a death: immediate suspension of at least 1 year
- That suspension runs consecutive to any suspension for refusing the test
- Vehicular homicide conviction: prison and revocation of at least 5 years; permanent if intoxicated
Know the rule
Open container law: a driver on a public way violates the law if the driver or a passenger in the passenger area drinks alcohol or has an open alcoholic container.
Handbook p. 35 ↗Open container exceptions:
- In a vehicle without a trunk, behind the last upright seat or in an area not normally occupied
- A passenger paying a fare in a for-hire vehicle other than a taxicab
- A passenger in the living quarters of a motor home, trailer, semi-trailer or truck camper
- The driver or employer holds an off-premise catering license, transporting to or from a catered event
What one O.U.I. can cost
| Expense | Cost |
|---|---|
| Lawyer | $2,000 |
| 3-year insurance surcharge | $4,000 |
| Fine | $500 |
| Alcohol education course | $300 |
| Lost work time (jail) | $300 |
| Towing / bail / reinstatement | $50 / $40 / $50 |
| Total | $7,240 |
Know the rule
Under 21, it's illegal to buy alcohol or to transport it in a vehicle unless it's within the scope of your job or at a parent's or guardian's request. Transporting illegal drugs is illegal at any age.
Handbook p. 36 ↗Know the rule
Under 21 and driving with any alcohol in your blood, or refusing the test? You lose your license for at least one year. All licenses issued to people under 21 are provisional under the O.U.I. laws.
Handbook p. 36 ↗Know the rule
Over half of young people killed in alcohol-related crashes were not the ones drinking. Don't ride with a driver who has been drinking; call a taxi, a bus, a friend or a relative.
Handbook p. 36 ↗Put it into practice
Eight months after your first O.U.I., your license is back but conditional. At a party you have one beer, then drive. Any amount of alcohol breaks the condition: a one-year suspension with no preliminary hearing.