Ohio DUI / OVI

FIRST offense DUI / OVI within 10 years penalties:

"Low-tier" Penalities

  • Mandatory 3 days in jail (or Driver Intervention Program (DIP)) - up to 6 months in jail;
  • 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 installation of ignition interlock;
  • No limited driving privileges for the first 15 days (30 if refusal);
  • Restricted (yellow) plates are optional;
  • No vehicle immobilization or forfeiture.

"High-tier" Penalties

  • Mandatory 6 days in jail (or 3 days in jail, plus 3 days driver intervention program) – up to 6 months in jail;
  • 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 installation of ignition interlock;
  • No limited driving privileges for the first 15 days (30 if refusal);
  • Restricted (yellow) plates are mandatory;
  • No vehicle immobilization or forfeiture.

SECOND offense DUI / OVI within 10 years penalties:

"Low-tier" Penalties

  • 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 in jail;
  • 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;
  • Mandatory 90-day vehicle immobilization / plate impoundment if the vehicle is registered to Defendant
    • However, waiver may be granted for “family or household member” if completely dependent on vehicle and immobilization would be undue hardship.

"High-tier" Penalties

  • 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 in jail;
  • 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;
  • Mandatory 90-day vehicle immobilization / plate impoundment if the vehicle is registered to 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.

THIRD offense DUI / OVI within 10 years penalties:

"Low-tier" Penalties

  • 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 in jail;
  • 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 is required;
  • Restricted / yellow plates are mandatory;
  • Mandatory vehicle forfeiture if the vehicle is registered to Defendant.

"High-tier" Penalties

  • 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 in jail;
  • 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 is required;
  • Restricted / yellow plates are mandatory;
  • Mandatory vehicle forfeiture if the vehicle is registered to Defendant.

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

"Low-tier" Penalties:

  • Fourth degree felony charge;
  • Mandatory minimum 60 days local incarceration – up to 1 year;
  • 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 is required;
  • Restricted / yellow plates are mandatory;
  • Mandatory vehicle forfeiture if the vehicle is registered to Defendant.

"High-tier" Penalties:

  • Fourth degree felony charge;
  • Mandatory minimum 120 days local incarceration – up to 1 year;
  • 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 is required;
  • Restricted / yellow plates are mandatory;
  • Mandatory vehicle forfeiture if the vehicle is registered to Defendant.

UNDERAGE DUI / OVI or OVUAC:

Under Ohio law, there is a lower legal limit that applies to drivers under the age of 21. If a breath test determines that a driver under 21 has a Blood Alcohol Content (BAC) above .02%, the driver can be cited for Underage DUI / OVI.

If you are convicted of OVUAC, the penalties consist of:

  • 90 day license suspension (60 days "hard time," meaning you will not be eligible for driving privileges for the first 60 days of your suspension);
  • Jail: maximum 30 days;
  • Fine: maximum $250;
  • Retesting for your driver's license (written and driving exams);
  • 8-hour remedial driving class;
  • SR 22 insurance bond on file with the BMV;
  • 4 points on your driver’s record (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.

Ohio DUI / OVI

If you have committed any of these Ohio DUI / OVI offenses in Columbus, Warren or Youngstown, Ohio call 614-349-4490 to schedule your free consultation and learn how to protect your rights.


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