FIRST offense DUI / OVI within 10 years penalties:
"Low-tier" Penalities
- 3 days in jail (or Driver Intervention Program (DIP) with probation).
- Minimum fine of $565 – up to $1,075.
- 1 year license suspension – up to 3 years; may reduce suspension to 6 months with use of interlock or if granted by judge.
- No limited driving privileges for the first 15 days (30 if refusal).
- 15-day suspension may be waived if never convicted of physical control & submitted to chemical test.
- If convicted of prior physical control within prior 10 years, no driving privileges for 45 days & ignition interlock required.
- Restricted (yellow) plates are optional.
- Vehicle immobilization for 90 days if convicted of prior physical control & vehicle registered to Defendant.
"High-tier" Penalties
- 6 days in jail (or 3 days in jail plus 3 days driver intervention program).
- Minimum fine of $565 – up to $1,075.
- 1 year license suspension – up to 3 years; may reduce suspension to 6 months with use of interlock or if granted by judge.
- No limited driving privileges for the first 15 days (30 if refusal).
- 15-day suspension may be waived if never convicted of physical control & submitted to chemical test.
If convicted of prior physical control within prior 10 years, no driving privileges for 45 days & ignition interlock required.
Restricted (yellow) plates are optional.
Vehicle immobilization for 90 days if convicted of prior physical control & vehicle registered to Defendant.
SECOND offense DUI / OVI within 10 years penalties:
"Low-tier" Penalties
- 10 days in jail (or 5 days in jail and 18 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring).
- Minimum fine of $715 – up to $1,625.
- 1-year license suspension – up to 7 years.
- No limited driving privileges for the first 45 days.
- Restricted / yellow plates are mandatory for high-test / optional for refusal.
- 90-day vehicle immobilization / plate impoundment if the vehicle is registered to Defendant (mandatory).
- Court may terminate immobilization if driving privileges are granted.
- However, waiver may be granted for “family or household member” if completely dependent on vehicle and immobilization would be undue hardship.
"High-tier" Penalties
- 20 days in jail (or 10 days in jail and 36 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring).
- Minimum fine of $715 – up to $1,625.
- 1-year license suspension – up to 7 years.
- No limited driving privileges for the first 45 days.
- Restricted / yellow plates are mandatory for high-test / optional for refusal.
- 90-day vehicle immobilization / plate impoundment if the vehicle is registered to Defendant (mandatory).
- Court may terminate immobilization if driving privileges are granted.
- 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). Therefore, 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 need permission prior to towing your vehicle there.
THIRD offense DUI / OVI within 10 years penalties:
"Low-tier" Penalties
- 30 days in jail (or 15 days in jail and 55 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring).
- Minimum fine of $1,040 – up to $2,750.
- 2-year license suspension – up to 12 years.
- No limited driving privileges for the first 180 days.
- Ignition Interlock device is required.
- Restricted / yellow plates are mandatory.
- Vehicle forfeiture if the vehicle is registered to Defendant (mandatory).
- If vehicle forfeiture is required and title is assigned/transferred, offender may be fined value of vehicle per national auto dealers' association publication.
"High-tier" Penalties
- 60 days in jail (or 30 days in jail and 110 days House Arrest with Electronic Monitoring and/or Continuous Alcohol Monitoring).
- Minimum fine of $1,040 – up to $2,750.
- 2-year license suspension – up to 12 years.
- No limited driving privileges for the first 180 days.
- Ignition Interlock device is required.
- Restricted / yellow plates are mandatory.
- Vehicle forfeiture if the vehicle is registered to Defendant (mandatory).
- If vehicle forfeiture is required and title is assigned/transferred, offender may be fined value of vehicle per national auto dealers' association publication.
FOURTH or FIFTH offense DUI / OVI within 10 year penalties:
"Low-tier" Penalties:
- Fourth degree felony charge.
- 60 days local incarceration – up to 1 year; or 60 days prison, with option of additional 6 to 30 months.
- Minimum fine of $1,540 – up to $10,500
- 3-year license suspension – up to life.
- No limited driving privileges for the first 3 years
- Ignition Interlock device is required.
- Restricted / yellow plates are mandatory.
- Vehicle forfeiture if the vehicle is registered to the Defendant (mandatory).
- If vehicle forfeiture is required and title is assigned/transferred, offender may be fined value of vehicle per national auto dealers' association publication.
"High-tier" Penalties:
- Fourth degree felony charge.
- 120 days local incarceration – up to 1 year; or 60 days prison, with option of additional 6 to 30 months.
- Minimum fine of $1,540 – up to $10,500.
- 3-year license suspension – up to life.
- No limited driving privileges for the first 3 years.
- Ignition Interlock device is required.
- Restricted / yellow plates are mandatory.
- Vehicle forfeiture if the vehicle is registered to the Defendant (mandatory).
- If vehicle forfeiture is required and title is assigned/transferred, offender may be fined value of vehicle per national auto dealers' association publication.
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 of 30 days in jail, 2 year license suspension, and up to a $250.00 fine. Also, underage DUI / OVI carries 4 points on a driving record, whereas a regular OVI 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.
CONTACT US
If you have committed any of these Ohio DUI / OVI offenses in Warren, Ohio call (330) 394-1587 to schedule your free consultation and learn how to protect your rights.