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Elements of the Crime: OWI - High BAC


High BAC Offenses

Beginning Oct. 31, 2010, a new Operating While Intoxicated offense, more commonly referred to as a High BAC offense, has been created for individuals convicted of operating a motor vehicle with a BAC of .17 grams or more. High BAC is a misdemeanor and carries the following penalties:

  • Up to 180 days in jail.

  • A fine of at least $200 but not more than $700.

  • Up to 360 hours of community service.

  • One year license suspension. The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible. Proof of installation of an ignition interlock device is required before a restricted license will be issued.

  • A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock

device under the following circumstances:

  • To and from residence and employment, and during employment;

  • To and from alcohol or drug education or treatment program;

  • To and from regularly scheduled treatment for serious medical condition;

  • To and from probation, community service and school.

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