Interviewer: So what are the rules, the limits for OVI that you know?
Dale: The BAC is anything over .02, Okay. It’s four points on a license, there is a suspension from ninety days to two years, it’s zero to thirty days of incarceration. But this is the trick bag, if you get an operating a vehicle after underage consumption and after you’ve turned the age of twenty one. Within 6 years of the time that you were charged, you are charged with a OVI. It will be treated as a second OVI, in 6 years. Even if it was a juvenile offense. It still is considered a prior OVI and it goes on your driving record.
Interviewer: What happens after 6 years? Does it get sealed or what happens to it?
Dale: Oh no, it’s on your record forever. It stays on your record for 50 years. As a practical matter, if you had a underage vehicle operation charge against you, and if 10 years later you get an OVI. The judge will look at your record; he will see that you had one 10 years ago. And don’t forget there’s a minimum, 3 days of jail, but they could go all the way up to a 180. And maybe the judge decides, well this person didn’t learn the first time since I have 3 days I can go up to 180. I’m going to give him 10 days instead
By Dale Naticchia