A third offense OWVI (Operating While Visibly Impaired) is a felony charge and should be taken very seriously. Penalties for a third OWVI include up to five years in jail, fines of up to $5,000, probation, community service, driver responsibility fees, revocation of your driver’s license for five years, vehicle forfeiture or immobilization. You will be required to apply for driver’s license reinstatement at a DAAD hearing in order to have your driving privileges restored (not a guarantee). You will also receive 4 points on your driving record from the DMV for the offense. The felony will stay on your permanent record.
It is much easier for prosecutors to obtain an OWVI conviction because a chemical test is not needed as your BAC (blood alcohol content) can be below the legal limit of 0.08% and you can still be charged. It is the officer’s discretion to determine whether or not you are noticeably impaired / under the influence of an intoxicating substance (including alcohol and/or drugs) so that you are unable to operate a motor vehicle safely.
It is very important to have a knowledgeable defense lawyer on your side to fight for your rights. If you’ve been charged with an OWVI third offense, contact Rudoi Law today.