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If you have had two or more OVI/OMWI (or equivalent offense) convictions, you can no longer refuse an alcohol or drug test. Senate Bill 17 requires a law enforcement officer to obtain a chemical alcohol or drug test by "whatever reasonable means are necessary," from offenders who have previously pleaded guilty or been convicted of two or more violations.
The statute does not define "reasonable means." However, the officer no longer needs to obtain a warrant to require the offender to submit to the alcohol test.
Senate Bill 17 makes OVI and OMWI offenses equivalent, as well as equivalent to other offenses. This applies for the purposes of determining whether an individual can refuse the Blood Alcohol Content (BAC) tests administered by law enforcement.
This is a list of abbreviations and offenses considered "equivalent" to OVI/OMWI:
OVI: Operating a Vehicle under the Influence of Alcohol
OMWI: Operating a Motor Watercraft under the Influence of Alcohol
Driving under the Influence of Drugs/Opiates
Aggravated Vehicular Homicide (not alcohol related)
Aggravated Vehicular Assault w/Alcohol
Aggravated Vehicular Homicide w/Alcohol
Involuntary Manslaughter w/Alcohol
OVUAC: Operating a Vehicle with Alcohol Consumption
CDL OVI (BAC .04 or higher)
Yes - reinstatement fees increased by $50. As of September 30, 2008, reinstatement fees increased from $425 to $475. The additional $50 will be distributed to indigent drivers' alcohol treatment funds.
1 previous violation or refusal = 2 years
2 previous violations, or 1 violation and 1 refusal = 3 years
3 or more previous violations or any combination of 3 violations and refusals = 5 years
An immobilization waiver may be ordered by the court to a family that is perceived to have undue hardship as a result of an immobilization order. You must contact the court to obtain a hardship waiver.