Tuesday, March 02, 1999
How states punish drunken drivers
OHIO
• First offense: Administrative driver's license suspension for 90 days for 0.10 or higher blood alcohol content. One-year suspension for refusal to take sobriety test. Minimum of three days in jail or three-day driver intervention program. Fine between $200 and $1,000. Court driver's license suspension from six months to three years.
• Second offense: One-year administrative license suspension, two years if refuse to take sobriety test. Minimum of 10 consecutive days in jail or five days plus minimum of 18 days electronic monitoring. Fine between $300 and $1,500. Vehicle immobilized and plates impounded for 90 days. Court license suspension 1-5 years.
• Third offense: Two-year administrative license suspension. Three years if refuse to take test. Minimum 30 days to one year in jail. Alternative sentences include house arrest and electronic monitoring. Fine between $500 and $2,500. Mandatory attendance in alcohol treatment program paid for by offender. Vehicle immobilized and plates impounded for 180 days. Court license suspension for 1-10 years.
• Fourth offense: Administrative suspension for three years. Five years for refusal to take test. Sixty days to one year in jail. Fine between $750 and $10,000. Mandatory alcohol treatment at offender's expense. Mandatory vehicle forfeiture. Court license suspension is three years to permanent loss.
KENTUCKY
• First offense: First offense within five years of 0.10 or higher blood alcohol level punishable by a fine ranging from $200 to $500 and/or 48 hours to 30 days served in county jail. Offender can apply to serve time in community service program. License suspended for 90 days.
• First-time offenders whose blood alcohol level measures 0.18 or higher receive automatic jail time up to seven days.
• Second offense: Within five years, fine between $350 and $500, jail time ranging from seven days to six months. License suspended for 12 months.
• Third offense: Within five years, fine between $500 and $1,000, with 30 days to 12 months served in county jail. Time served may be commuted to 10 days to 12 months community service. License suspended for 24 months.
• If third offense within five years registers a 0.18 or higher, offender commits Class D felony and can be sentenced to 1-5 years in state prison. License suspended for 60 months.
• Fourth offense: A Class D felony.
Offenders can apply for hardship license to drive to and from work or college only 30 days after conviction. Must also complete alcohol education or treatment course.
INDIANA
• First offense: A 0.10 or higher blood alcohol level is a Class C misdemeanor punishable by up to 60 days in county jail and a $500 fine. Driver's license suspended. If a stop is made based on reckless driving and a 0.10 blood alcohol level or higher is recorded, the charge can be a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. License suspended.
• Second offense: A second conviction is a Class D felony, punishable by a maximum of 3 years in prison and $10,000 fine. License suspended. Charge can be reduced to a Class A misdemeanor.
SOURCES: Ohio Department of Public Safety, Kentucky State Police, Indiana State Police.
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