Refusal - Penalties

Charges can vary from the type of license you have to the level of OWI you are facing. Penalties can also depend upon the quality of representation you have as well. The difference between an average attorney and a specialist in OWI can mean the difference in your case. Don’t be under-represented because you incorrectly believe that all attorneys are the same. Below is a breakdown, generally, by level of offense.

Refusal (First)

  • There are 0 demerit points on your license buy your driver’s license will be revoked for 1 year, and you have to wait 30 days before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device.
  • You have to have an alcohol assessment (AODA).

Refusal (Second)

  • There are 0 demerit points on your license buy your driver’s license will be revoked for 2 year, and you have to wait 90 days (or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device.
  • You have to have an alcohol assessment (AODA).

Refusal (Third)

  • There are 0 demerit points on your license buy your driver’s license will be revoked for 3 year, and you have to wait 120 days (or 12 months if 2 or more offenses in 5 years) before you are eligible for an occupational license, then you may get one as long as you obtain an SR22 high risk rider insurance policy.
  • Your vehicle will be required to be equipped with an Ignition Interlock Device.
  • You have to have an alcohol assessment (AODA).

Refusal – Commercial Driver’s License (CDL) (First) Penalty:

  • Your CDL will out of service for 24 hours, disqualified for 1 year (343.315(2)(a), or 3 years is hauling hazardous materials requiring a placarding.
  • You are subject to 1 year revocation of your Class D/M license.
  • You will be eligible for an occupational license for your Class D/M license after 30 days.

Refusal – Commercial Driver’s License (CDL) (Second w/in 10 years) Penalty:

  • There is a lifetime disqualification of your CDL.
  • You are subject to 2 year revocation of your Class D/M license.
  • You will be eligible for an occupational license for your Class D/M license after 90 days or, if 2 or more offenses within 5 years, after 1 year.

Refusal – Commercial Driver’s License (CDL) (Third Offense Lifetime) Penalty:

  • There is a lifetime disqualification of your CDL.
  • You are subject to 3 year revocation of your Class D/M license.
  • You will be eligible for an occupational license for your Class D/M license after 120 days or, if 2 or more offenses within 5 years, after 1 year.