What is the penalty for an OVI conviction?

If you have been arrested for DUI/OVI, you may be wondering what the possible punishment entails. The consequences you face can be harsh and intrusive. The exact penalties often depend on the skills of your defense lawyer. The choice of representation is the most important decision you will make in the process of addressing your charges.

1st Offense in 10 Years

(Below .170 BAC or simple impaired)

  • Degree of Defense: Misdemeanor 1.
  • Jail Time: 3 days jail (or DIP*) up to 6 months.
  • Fines: $375-$1,075.
  • Treatment: Optional.
  • License Suspension: 1 – 3 years.
  • Driving Privileges: After 15 days (30 if refusal).
  • Restricted Plates/IID**: Optional.

 

(Above .170 BAC or refusal with prior in 20 years)

  • Degree of Defense: Misdemeanor 1.
  • Jail Time: 6 days jail (or 3 days + DIP*) up to 6 months.
  • Fines: $375-$1,075.
  • Treatment: Optional.
  • License Suspension: 1 – 3 years.
  • Driving Privileges: After 15 days (30 if refusal).
  • Restricted Plates/IID**: Plates required. IID** optional.
2nd Offense in 10 Years

(Below .170 BAC or simple impaired)

  • Degree of Defense: Misdemeanor 1
  • Jail Time: 10 days jail (or 5 days jail and 18 days HAEM*** and/or CAM****) up to 6 months.
  • Fines: $525-$1,675.
  • Treatment: Alcohol/Drug Assessment with recommended treatment mandatory.
  • License Suspension: 1 – 7 years.
  • Driving Privileges: 45 days (90 if refusal).
  • Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
  • Additional Punishment: 90 days vehicle immobilization.

 

(Above .170 BAC or refusal within prior 20 Years)

  • Degree of Defense: Misdemeanor 1.
  • Jail Time: 20 days jail (or 10 days jail and 36 days HAEM*** and/or CAM****) up to 6 months.
  • Fines: $525-$1,675.
  • Treatment: Alcohol/Drug Assessment with recommended treatment mandatory.
  • License Suspension: 1 – 7 years.
  • Driving Privileges: Restrictions: 45 days (90 if refusal).
  • Restricted Plates/IID**: Plates required for above .170 test, option for refusal. IID** required if alcohol-related, optional if drug-related.
  • Additional Punishment: 90 days vehicle immobilization.

 

3rd Offense in 10 Years

(Below .170 BAC or simple impaired)

  • Degree of Defense: Unclassified misdemeanor.
  • Jail Time: 30 days jail (or 15 days jail and 55 days HAEM*** and/or CAM****) up to 1 year.
  • Fines: $850-$2,750.
  • Treatment: Alcohol/Drug Addiction Program treatment mandatory.
  • License Suspension: 2 – 12 years.
  • Driving Restriction: 180 days (1 year if refusal).
  • Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
  • Additional Punishment: Possible vehicle forfeiture.

 

(Above .170 BAC or refusal with prior in past 20 Years)

  • Degree of Defense: Unclassified misdemeanor.
  • Jail Time: 60 days jail (or 30 days in jail with 110 days HAEM*** and/or CAM****) up to 1 year.
  • Fines: $850-$2,750.
  • Treatment: Alcohol/Drug Addiction Program treatment mandatory.
  • License Suspension: 2 – 12 Years.
  • Driving Privileges: 180 days (1 year if refusal).
  • Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
  • Additional Punishment: Possible vehicle forfeiture.

 

4th or 5th Offense in 10 Years – OR – 6th Offense in 20 Years.

(Below .170 BAC or simple impaired)

  • Degree of Defense: Felony of the 4th Degree.
  • Jail Time: 60 days local incarceration up to 1 year or 60 days in prison with option of additional 6 to 30 months.
  • Fines: $1,350-$10,500.
  • Treatment: Alcohol/Drug Addiction Program treatment mandatory.
  • License Suspension: 3 Years to lifetime.
  • Driving Privileges: After 3 years.
  • Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
  • Additional Punishment: Possible vehicle forfeiture.

 

(Above .170 BAC or Refusal)

  • Degree of Defense: Felony of the 4th Degree.
  • Jail Time: 120 days local incarceration up to 1 year or 120 days in prison with option of additional 6 to 30 months.
  • Fines: $1,350-$10,500.
  • Treatment: Alcohol/Drug Addiction Program treatment mandatory.
  • License Suspension: 3 Years to lifetime.
  • Driving Privileges: After 3 years.
  • Restricted Plates/IID**: Plates required. IID Required if alcohol-related, optional if drug-related.
  • Additional Punishment: Possible vehicle forfeiture.

 

*DIP- Driver intervention program certified under RC 3793.10 provisions.
**IID- Ignition interlock device
***HAEM- House arrest with electronic monitoring.
****CAM- Continuous alcohol monitoring.

 

The penalties continue to escalate as the number of OVI offenses (as well as prior felony OVIs) increase. This list of penalties is not a substitute for the advice of an attorney and was last updated 4/1/19. This is merely provided to give an assessment of the possible penalties. Every case is different.

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