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Ohio DUI / OVI Penalties
Being charged with an OVI in Ohio can carry stiff penalties even prior to your first court appearance. If your case results in a conviction, the penalties get worse and will continue to have an impact on you for years to come. Contact us today at (614) 907-4875 to speak with an experienced Columbus DUI lawyer.
Following is a general guideline for the DUI/OVI penalties you may face.
Jail
Ohio’s OVI law requires mandatory minimum jail terms for OVI convictions. Having a high amount of alcohol in your system or refusing to take a chemical test with a prior conviction within 20 years will increase these minimums. Alternative sentencing including driver intervention programs, house arrest, and continuous alcohol monitoring may be available. The minimum jail terms are as follows:
1st Offense Within 10 Years: 3 days jail
2nd Offense Within in 10 Years: 10 days jail
3rd Offense Within 10 Years: 30 days jail
4th Offense Within 10 Years: 60 days jail
BMV License Suspension
If the amount of alcohol and/or drugs in your system is determined to be above the legal limit or you refuse to take a test to determine the amount of alcohol and/or drugs in your system, the officer will suspend your driver’s license by sending notice to the Ohio Bureau of Motor Vehicles.
If you refuse to take a test to determine the amount of alcohol and/or drugs in your system, the length of your suspension will be determined by the number of convictions you have in the last 10 years and the number of test refusals you have regardless of convictions. They are added together to determine your suspension period listed below.
1st: 1 year suspension with no privileges for 30 days
2nd: 2 year suspension with no privileges for 90 days
3rd: 3 year suspension with no privileges for 1 year
4th: 5 year suspension with no privileges for 3 years (no privileges at all if 3 or more test refusals in 10 years)
If you submit to a test to determine the amount of alcohol and/or drugs in your system and the amount is over the legal limit, the length of your suspension is determined solely by the number of convictions you have in the last 10 years. The periods of suspension are as follows:
1st: 90 day suspension with no privileges for 15 days
2nd: 1 year suspension with no privileges for 45 days
3rd: 2 year suspension with no privileges for 180 days
4th: 3 year suspension with no privileges for 3 years
Court Imposed License Suspension Upon Conviction
A conviction for an OVI terminates the BMV suspension and the court will impose a new suspension. The period of time spent under the BMV suspension should be credited toward your new court ordered suspension. The court suspension is determined by the amount of prior convictions you have in the last 10 years. The periods of suspension are as follows:
1st: 1 year to 3 years with no privileges for 15 days
2nd: 1 year to 7 years with no privileges for 45 days
3rd: 2 years to 12 years with no privileges for 180 days
4th: 3 years to life with no privileges for 3 years
Fines
Ohio’s OVI law requires mandatory minimum fines determined by the number of convictions you have in the last 6 years. The mandatory minimums are as follows:
1st: $375
2nd: $525
3rd: $850
4th: $1350
Restricted Plates
Restricted plates are the special colored plates issued by the BMV to certain OVI offenders. If you are convicted for your third offense or more within 10 years or you are convicted for having a high alcohol level in your system at the time of your first or second offense, the car you drive will be required to have restricted plates. There is a fee associated with getting these plates.
Interlock Device
An interlock device is like a breathalyzer machine installed in your car. It prohibits a car from starting unless alcohol free breath is simultaneously blown into the tube while starting the car. If you are convicted of your first offense or more within 10 years and you are given unlimited privileges, the care you drive will be required to have an interlock device. An interlock device will also be required if you are convicted of your second offense or more within 10 years and it is alcohol related. There are fees associated with installation and rental of an interlock device.
Immobilization
Immobilization is accomplished through impounding the vehicle, putting a boot on the vehicle, or locking a bar across the steering wheel. Immobilization for 90 days is required on a second offense within 10 years if the vehicle is registered to the offender. Various fees will apply depending on the method of immobilization used.
Forfeiture
Forfeiture is when the State takes your vehicle. A vehicle is subject to forfeiture on a third offense or more within 10 years if the vehicle is registered to the offender.
Points
A conviction for OVI will result in 6 points on your license.
Treatment
Treatment is mandatory if you are convicted of a second offense within 10 years. There is a fee associated with treatment.
Alcohol/Drug Addiction Program
An alcohol/drug addiction program is mandatory if you are convicted of a third offense or more within 10 years. There is a fee associated with addiction programs.
Court Costs
Court costs will accumulate as your case proceeds.
Probation Fees
If you are placed on probation you may be required to pay a fee.
Impound Fees
If your car was impounded, towing and storage fees will apply.
Reinstatement Fee
In order to obtain a valid license after your suspension terminates, you must pay a license reinstatement fee of $475.
Insurance Rates
Your car insurance rates are likely to jump after an OVI conviction.
Out-of-State License
If you have an out-of-state license and Ohio sends notice to your home state, you may face additional license penalties there.
If you or someone you know has been charged with a DUI / OVI in Ohio, call our DUI/OVI defense lawyer for help.
