The punishment or penalty for an implied consent charge is contingent upon the driver’s criminal history. The number of previous convictions of DUI, vehicular homicide by intoxication, aggravated vehicular homicide, vehicular assault or aggravated vehicular assault will determine the punishment or penalty for an implied consent violation as follows:
One (1) year: No previous convictions (within the past ten (10) years);
Two (2) years: One (1) previous conviction or vehicular assault with an implied consent violation; and
Five (5) years: Vehicular homicide (one or more persons killed in an accident.
A prior violation may only be used against you if it occurred within ten (10) years of the current violation date.