I. FIRST offense DUI / OVI within 10 year penalties:

1.  The penalties for a “low-tier” First offense DUI / OVI within 10 years may include:
Mandatory 3 days in jail (or Driver Intervention Program (DIP) with Community Control Suspension (Probation) up to 6 months);
Mandatory minimum fine of $375 – up to $1,075;
Mandatory 1 year license suspension –  up to 3 years; may reduce suspension to 6 months with use of interlock
No limited driving privileges for the first 15 days (30 if refusal);
Restricted (yellow) plates are optional; and
No vehicle immobilization or forfeiture.
      2.  The penalties for a “high-tier” First Offense DUI / OVI within 10 years may include:
Mandatory 6 days in jail (or 3 days in jail plus 3 days driver intervention program – up to 6 months);
Mandatory minimum fine of $375 – up to $1,075;
Mandatory 1 year license suspension –  up to 3 years; may reduce suspension to 6 months with use of interlock
No limited driving privileges for the first 15 days (30 if refusal);
Restricted (yellow) plates are mandatory; and
No vehicle immobilization or forfeiture.

II. SECOND offense DUI / OVI within 10 year penalties:

1.  The penalties for a “low-tier” Second Offense DUI / OVI within 10 years may include:
Mandatory 10 days in jail (or 5 days in jail and 18 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring – up to 6 months);
Mandatory minimum fine of $525 – up to $1,625;
Mandatory 1-year license suspension –  up to 7 years;
No limited driving privileges for the first 45 days;
Restricted / yellow plates are mandatory; and
Mandatory 90-day vehicle immobilization / plate impoundment if the vehicle is registered to the Defendant. However, waiver may be granted for “family or household member” if completely dependent on vehicle and immobilization would be undue hardship.
      2.   The penalties for a “high-tier” Second Offense DUI / OVI within 10 years may include:
Mandatory 20 days in jail (or 10 days in jail and 36 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring – up to 6 months);
Mandatory minimum fine of $525 – up to $1,625;
Mandatory 1-year license suspension –  up to 7 years;
No limited driving privileges for the first 45 days;
Restricted / yellow plates are mandatory; and
Mandatory 90-day vehicle immobilization / plate impoundmentif the vehicle is registered to the Defendant. However, waiver may be granted for “family or household member” if completely dependent on vehicle and immobilization would be undue hardship.
If you are arrested for a second DUI / OVI in 10 years, your car will be impounded (if the vehicle is titled in your name). You will need an entry signed by a judge to get your car out of the impound lot. But, you will not be able to drive the car away because there is a mandatory 90-day immobilization period. This means you will have to have your car towed to your home and clubbed for 90 days (the car cannot be clubbed on the street). If you live in an apartment complex, you will have to get their permission prior to your vehicle being towed and clubbed there.

III. THIRD offense DUI / OVI within 10 years penalties:

1.  The penalties for a “low-tier” Third Offense DUI / OVI within 10 years may include:
Mandatory 30 days in jail (or 15 days in jail and 55 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring– up to 1 year);
Mandatory minimum fine of $850 – up to $2,750;
Mandatory 2-year license suspension – up to 10 years;
No limited driving privileges for the first 180 days;
Ignition Interlock device (club) is required;
Restricted / yellow plates are mandatory; and
Mandatory vehicle forfeiture if the vehicle is registered to the Defendant.
      2.  The penalties for a “high-tier” Third Offense DUI / OVI within 10 years may include:
Mandatory 60 days in jail (or 30 days in jail and 110 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring – up to 1 year);
Mandatory minimum fine of $850 – up to $2,750;
Mandatory 2-year license suspension – up to 10 years;
No limited driving privileges for the first 180 days;
Ignition Interlock device (club) is required;
Restricted / yellow plates are mandatory; and
Mandatory vehicle forfeiture if the vehicle is registered to the Defendant.

IV. FOURTH or FIFTH offense DUI / OVI within 10 year penalties:

1.  The penalties for a “low-tier” Fourth or Fifth Offense DUI / OVI within 10 years may include:
Fourth degree felony charge;
Mandatory 60 days local incarceration – up to 1 year or 60 days prison, with option of additional 6 to 30 months;
Mandatory minimum fine of $1,350 – up to $10,500;
Mandatory 3-year license suspension – up to life;
No limited driving privileges for the first 3 years;
Ignition Interlock device (club) is required;
Restricted / yellow plates are mandatory; and
Mandatory vehicle forfeiture if the vehicle is registered to the Defendant.
      2.  The penalties for a “high-tier” Fourth or Fifth Offense DUI / OVI within 10 years may include:
Fourth degree felony charge;
Mandatory 120 days local incarceration – up to 1 year or 60 days prison, with option of additional 6 to 30 months;
Mandatory minimum fine of $1,350 – up to $10,500;
Mandatory 3-year license suspension – up to life;
No limited driving privileges for the first 3 years;
Ignition Interlock device (club) is required;
Restricted / yellow plates are mandatory; and
Mandatory vehicle forfeiture if the vehicle is registered to the Defendant.

V. UNDERAGE DUI / OVI:

Under Ohio law, there is a lower legal limit that applies to drivers under the age of 21. If a chemical test determines that a driver under 21 has a Blood Alcohol Content (BAC) between .02 and .08%, the driver can be cited for Underage DUI / OVI.
The penalties consist of a maximum jail time of 30 days and a maximum fine of $250.00. An underage DUI / OVI charge also carries 4 points on a driver’s record, whereas a regular OVI conviction carries 6 points.
If the Blood Alcohol Content (BAC) is .08% or above, the penalties are as follows:
Jail:  10 days minimum – up to 1 year;
Fine:  $500 minimum – up to $1,000;
License Suspension:  6 months minimum – up to 3 years.