Penalities for Operating Vehicle Under the Influence (OVI) in Ohio

The severity of the penalty for a conviction of Operating a Vehicle While Under the Influence (OVI) of Alcohol or Drugs in Ohio will dependent upon the number of previous convictions within a period of time and the level of blood alcohol content (B.A.C.).  A simple O.V.I. is a conviction based upon evidence of impairment and not dependent upon a specific prohibited B.A.C. When a operator tests at the prohibited B.A.C level, this is a per se violation. This means that the it is illegal to operate a vehicle at this level of B.A.C. regardless of other evidence of impairment. All the prosecution has to show is that the operator tested above the prohibited level.

1st Offense in 6 years simple OVI and low B.A.C. test (over .08 but < .17):
Incarceration: Up to 6 months with mandatory 3 days or D.I.P.
Fines: Mandatory $375.00 and up to $1,075.00.
License Suspension: Mandatory 6 months and up to 3 years (Class 5).
Driving Privileges: After 15 days.
Restricted Plates: Optional.
Interlock: Optional.
Immobilization/Forfeiture: No.
Treatment: Optional.

1st Offense in 6 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years:
Incarceration: Up to 6 months with mandatory 6 days or 3 days and D.I.P.
Fines: Mandatory $375.00 and up to $1,075.00.
License Suspension: Mandatory 6 months and up to 3 years (Class 5).
Driving Privileges: After 15 days.
Restricted Plates: Required for high tier test.
Interlock: Optional.
Immobilization/Forfeiture: No.
Treatment: Optional.

2nd Offense in 6 years simple OVI and low B.A.C. test (over .08 but < .17):
Incarceration: Up to 6 months with mandatory 10 days or 5 days and 18 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.
Fines: Mandatory $525.00 and up to $1,625.00.
License Suspension: Mandatory 1 year and up to 5 years (Class 4).
Driving Privileges: After 45 days.
Restricted Plates: Required.
Interlock: Required if alcohol related/Optional if drug related.
Immobilization/Forfeiture: 90 day imobilization if vehicle owned.
Treatment: Alcohol/Drug assessment and recommended treatment mandatory.

2nd Offense in 6 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years:
Incarceration: Up to 6 months with mandatory 20 days or 10 days and 36 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.
Fines: Mandatory $525.00 and up to $1,625.00.
License Suspension: Mandatory 1 year and up to 5 years (Class 4).
Driving Privileges: After 45 days.
Restricted Plates: Required.
Interlock: Required if alcohol related/Optional if drug related.
Immobilization/Forfeiture: 90 day imobilization if vehicle owned.
Treatment: Alcohol/Drug assessment and recommended treatment mandatory.

3rd Offense in 6 years simple OVI and low B.A.C. test (over .08 but < .17):
Incarceration: Up to 1 year with mandatory 30 days or 15 days and 55 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.
Fines: Mandatory $850.00 and up to $2,750.00.
License Suspension: Mandatory 2 year and up to 10 years (Class 3).
Driving Privileges: After 180 days.
Restricted Plates: Required.
Interlock: Required if alcohol related/Optional if drug related.
Immobilization/Forfeiture: Forfeiture if registered to offender.
Treatment: Alcohol/Drug addiction treatment program mandatory.

3rd Offense in 6 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years:
Incarceration: Up to 1 year with mandatory 60 days or 30 days and 110 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.
Fines: Mandatory $850.00 and up to $2,750.00.
License Suspension: Mandatory 2 year and up to 10 years (Class 3).
Driving Privileges: After 180 days.
Restricted Plates: Required.
Interlock: Required if alcohol related/Optional if drug related.
Immobilization/Forfeiture: Forfeiture if registered to offender.
Treatment: Alcohol/Drug addiction treatment program mandatory.

4th Offense and beyond in 6 years is a Felony Offense in the State of Ohio. For a complete list of the potential penalties for a felony OVI, please consult with an attorney. See also O.R.C. 4511.19.

CLICK HERE to get your UNOFFICIAL  driving record here: BMV.

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