Immediate OVI Penalties
If you have been charged with an OVI in Ohio you face immediate penalties, including different types of pretrial licenses suspensions which are imposed immediately or at the first court date.
Ohio OVI, DUID, ALS and Out of State Penalty Charts
To see the possible penalties you may be facing Choose an Ohio OVI Quick Penalty Chart below.
1st Offense – No Test
1st Offense – Low Tier Test
1st Offense – High Tier Test
1st Offense – Criminal Refusal
Second Offense in 10 years
2nd Offense – No Test
2nd Offense – Low Tier Test
2nd Offense – High Tier Test
2nd Offense – Criminal Refusal
Third Offense in 10 years
3rd Offense – No Test
3rd Offense – Low Tier Test
3rd Offense – High Tier Test
3rd Offense – Criminal Refusal
Fourth in 10 years or Sixth in 20 years
4th Offense – No Test
4th Offense – Low Tier Test
4th Offense – High Tier Test
4th Offense – Criminal Refusal
Prior OVI Felony Offense
Prior Felony OVI – No Test
Prior Felony OVI – Low Tier Test
Prior Felony OVI – High Tier Test
Prior Felony OVI – Criminal Refusal
No Test – Impaired Offense
Low Tier Test Offense
High Tier Test Offense
Criminal Refusal Offense
OVUAC – Operation Vehicle after Underage Consumption
Driving with an Unlawful Drug Level (DUID) Offense
OVI Related Charges
Vehicular Assault
Vehicular Manslaughter
Vehicular Homicide
Physical Control of a Motor Vehicle
Reckless Operation
Administrative License Suspensions
ALS Refusal
ALS Test Over the Limit
ALS and Judicial Pretrial Suspensions. We know that it does not seem fair, but under Ohio ALS law you are penalized before you even go to court; you also face a possible Judicial Pretrial Suspension at your first court date. Contact us immediately to learn how we can help deal with those suspensions. Often, we can restore your ability to drive while we fight your case.
The Administrative License Suspension (ALS) is an immediate suspension. It is often called the “implied consent suspension.” It is a civil / administrative penalty and is separate from the penalties imposed for OVI.
Our Ohio Administrative License Suspension – ALS Chart will tell you the length of your ALS suspension. Note that during the “Hard Time” period you are without any driving privileges at all.
The Ohio ALS suspension is imposed immediately if you refuse a chemical test or if you take a breath test and test over the, “so called”, legal limit of .08. If you took a blood or urine test, your license will be suspended when the result comes back if you test over that level, or if you have a prohibited level of marijuana or marijuana metabolite or other DUID drug level.
| We can appeal the ALS suspension and may be able to get your license restored as early as your first court date. |
The length of the ALS suspension will depend on:
- whether you have prior OVI convictions
- whether you refused a chemical test
- whether you previously refused a test
See our charts for a more detailed breakdown.
A Judicial Pretrial Suspension is a suspension the judge can impose even if an ALS suspension is not imposed or if you appeal the ALS and win! The key to avoiding this suspension is being prepared to show that you are not a risk to public safety. Contact us to begin that process.
Continue Reading About ALS suspensions
The Worst Penalty you Face – Conviction
If you are like most of our clients:
- You are a law-abiding citizen.
- You have a bright future.
- You may have a great job you don’t want to lose.
- You may have a professional license that could be in jeopardy.
- You may be a student getting ready to apply to grad school or apply for jobs.
- You may hope for a job in law enforcement or the military.
- You may have or want a CCW permit.
- You may need to travel to Canada or other countries.
An OVI conviction could greatly affect your future and may ruin all your plans. An OVI conviction will not go away. It cannot be sealed or expunged.
At the Huey Defense Firm our mission is to help you avoid an OVI conviction.
Since 1984 our founder and lead trial attorney Tim Huey made it the major focus of his practice to help good folks like you. We have developed a through process and an OVI Defense Plan of Action for reviewing and preparing our cases
Penalties if Convicted
There are 25 different ways to be charged with OVI; these include charges related to driving while impaired, driving under the influence of marijuana and other drugs, refusing a breath test, refusing a blood test, refusing a urine test, testing over the low tier limit, and testing over the high tier limit.
Depending on the charge, the penalties may include:
- Mandatory jail time
- License suspensions
- Heavy Fines
- Distinctive plates (also called drunk plates or party plates)
- Interlock device installation on your car
- SCRAM – an alcohol monitoring ankle bracelet
- An alcohol assessment and follow-up treatment
- Probation term of up to 5 years.
Understanding what penalties are mandatory or possible in your case can be very confusing. Most lawyers do not realize that there are 25 different charges or know what the penalties for all of them are.
In his book Ohio OVI Defense: The Law and Practice, attorney Tim Huey created a very thorough and detailed summary of the penalties for OVI and related charges.
The Quick Penalty Charts on this page provide the basic information you need.
Or you can request a hard copy of Attorney Tim Huey’s OVI Penalty Summaries.
Factors in Ohio OVI Penalties
In sentencing someone for OVI, judges can consider just about anything. Your background is important – so important, in fact, that one of the first things we do in our Plan of Action is to find out about you and your background. Contact us if you would like to get started.
However, certain factors create mandatory penalties the judge must impose.
Even if the judge is your uncle and you are his favorite niece or nephew, he would have to follow the law and sentence you to the mandatory penalties – if you are convicted of OVI.
The mandatory penalties you may face for an OVI under the Ohio Revised Code or “State Code” will vary depending on several factors, primarily:
- The number of prior convictions in the past 10 years or in some cases 20 years,
- Whether you took a chemical test and,
- The chemical test level.
Ohio’s 10-year OVI look back period. This is a recent change to the law, as it used to be only 6 years. If you have a prior 11 years ago you are considered a “statutory first offender.” This does not mean the judge cannot see or consider a prior more than 10 years ago; however, it does mean that the judge can impose an “OVI first offense” minimum penalty.
Municipal Codes: Some municipal codes do not follow the State Code. For example, the Columbus City Code has a “Lifetime Look Back Period.” The charts below set out the State Code penalties. If charged under a municipal code, you may face harsher mandatory penalties.
Breath, blood and urine alcohol “per se” test levels. There is really no such thing as a “legal limit” in Ohio. You can be charged with an OVI impaired charge no matter what your breath, blood or urine alcohol level is. Ohio does have “prohibited” alcohol levels for blood alcohol levels (BAC), blood plasma or serum alcohol levels (BpAC), breath alcohol levels (BrAC), and urine alcohol levels (UrAC). Those levels are listed in the charts below.
High Tier breath, blood and urine alcohol “per se” levels. At certain alcohol levels Ohio doubles the mandatory minimum jail penalties and adds other mandatory penalties such as distinctive (drunk) plates as a requirement. The levels are listed below and are referred to as the High Tier Per Se offenses.
OVI Drug aka DUID test levels. If a urine or blood sample was obtained and tested for certain drugs, you could be charged with an OVI Drug offense if you are over a set “per se” level. These are also referred to as DUID (driving under the influence of drug) offenses. In the tables below look at the Low Tier Per Se Offenses for the penalties that apply. There are no “high tier” OVI Drug levels. If you are below the per se level or they find a drug not listed in the OVI Drug section, they can still charge you with an impaired offense. If you are charged with an OVI Drug offense and have a prescription you may have a defense to the per se charge but still can be convicted of the impaired offense. Click here for OVI Drug Per Se Levels
Criminal Refusal Offense. If you refuse a chemical test and have a prior OVI conviction within 20 years, you can be charged with a Criminal Refusal offense, which also increases your mandatory minimum penalties.
20-Year Look Back. If you have 5 prior OVI offenses, you will face a felony charge. As the charts below show you will also face a felony charge if you have 3 priors in 10 years or a prior felony OVI conviction.
Note if you have no prior OVI convictions and refuse a chemical test you cannot be charged with Criminal Refusal.
If you are under 21 years of age. Those under age 21 are treated differently than others. It does not seem fair but Ohio law provides penalties at a lower BAC level. If you test from .02 to .079 you can be charged with Operating a Vehicle after Under Age Consumption or OVUAC. This is a DUI charge. If convicted of this you will be considered to have a DUI / OVI on your record and, in addition, will face the penalties set forth in the chart below.
Read more about factors that are considered during the penalty phase.
Out-of-State Convictions
If you are an Ohio resident facing DUI charges in another state, or a lawyer representing an Ohio licensee in another state please Contact us before you resolve the case. We want to work with you to try to avoid reciprocal action in Ohio. Ohio will take action upon conviction, yet we make be able to help you avoid an Ohio License Suspension.
Read more about Out-Of-State OVI Charges.
Types of OVI Charges
| No Test – Impaired Offense |
| Alleges you drove or moved a vehicle and were under the influence of alcohol and/or drugs. Would be cited under Ohio Revised Code Section 4511.19(A)(1)(a) or a similar municipal ordnance. The critical issues will be whether you drove or moved the vehicle and whether the jury is convinced, beyond a reasonable doubt, that your ability to drive was appreciably impaired. Challenges to the legality of the stop, the administration of the SFSTs, PBT results, and custodial questioning will also be important. See The Evidence Against You |
| Back to the list of charts |
| Low Tier Test Offense |
| Alleges you drove or moved a vehicle and at the time the vehicle was last moved you had a blood alcohol level of .08 but below .17, a blood plasma or blood serum level of .096 but below .204, a breath alcohol level above .08 but below .17, or a urine alcohol level of .11 but less than .237. These will be charged under ORC 4511.19(A)(1)(b), ORC 4511.19(A)(1)(c), ORC 4511.19(A)(1)(d) or ORC 4511.19(A)(1)(e), respectively, or a similar municipal ordnance. The admissibility and the jury’s perception about the accuracy of the test will be the critical issue in the case; while issues related to the chemical test at the time of diving versus the time of the test will also be important in the case. See The Evidence Against You |
| Back to the list of charts |
| High Tier Test Offense |
| Alleges you drove or moved a vehicle and at the time the vehicle was last moved you had a blood alcohol level of .17 or above, a blood plasma or blood serum level of .204 or above, a breath alcohol level of .17 or above, or a urine alcohol level of .237 or above. These will be charged under ORC 4511.19(A)(1)(f), ORC 4511.19(A)(1)(g), ORC 4511.19(A)(1)(h) or ORC 4511.19(A)(1)(i), respectively, or a similar municipal ordnance. In addition to the issues related to the “impaired charge” the admissibility and jury’s perception about the accuracy of the test, as well as issues related to the time of diving versus the time of the test, will be the critical issues in these cases. See The Evidence Against You |
| Back to the list of charts |
| Criminal Refusal Offense |
| Alleges that you: 1) have a prior OVI conviction within 20 years, 2) refused a chemical test in the current case and, 3) drove or moved a vehicle and were under the influence of alcohol and/or drugs at the time you moved the vehicle. You would be cited under Ohio Revised Code Section 4511.19(A)(2) or a similar municipal ordnance. The most critical issues are whether you drove or moved the vehicle and whether the jury is convinced beyond a reasonable doubt that your ability to drive was appreciably impaired. Proof that you have a prior conviction within 20 years is also required. The prosecution most also prove, beyond a reasonable doubt, that you did in fact refuse to provide a sample of breath, blood or urine after the officer properly requested a test and properly advised you of the consequences. See The Evidence Against You
Note. If you allegedly refused a blood or urine test this charge should be challenged on constitutional grounds under Birchfield v. North Dakota. |
| Back to the list of charts |
| OVUAC – Operation Vehicle after Underage Consumption |
| Alleges you were under the age of 21 and you drove or moved a vehicle and, at the time the vehicle was last moved, you had a blood alcohol level of .02 but less than .08, a blood plasma or blood serum level of .03 but less than .096, a breath alcohol level of .02 but less than .08, or a urine alcohol level of .028 but less than .11. You will be charged under ORC 4511.19(B)(1), ORC 4511.19(B)(2), ORC 4511.19(B)(3) or 4511.19 (B)(4), respectively. In additional to important issues related to the other OVI charges, the prosecution must present proof of your age. See The Evidence Against You.
Note. An OVUAC is an OVI/DUI offense. It is not a “baby DUI” as some lawyers call it. OVUAC counts as a “prior OVI” if charged in the future even though different penalties apply. However, with OVUAC only 4 points are assessed against your driver’s license while an OVI conviction carries 6 points. While the mandatory penalties for OVUAC will increase if you have priors, if convicted of a First Offense OVUAC the penalties are 0 to 30 days in jail, a fine of up to $250 and a license suspension of three months to two years with a 60 day “hard time” period where no limited driving privileges can be granted. You will also have to 1) take a remedial driving course; 2) retake driver’s license exam; 3) maintain proof of financial responsibility via a SR 22 bond. |
| Back to the list of charts |
| Driving with an Unlawful Drug Level (DUID) Offense |
| Alleges you drove or moved a vehicle and at the time the vehicle was last moved you had one of the below listed levels a blood or urine levels. The penalties for these offenses are same as the penalties for the Low Tier Breath Offense except that Interlock or SCRAM are always optional with DUID offenses. 1st Offense – Low Tier Test, 2nd Offense – Low Tier Test, 3rd Offense – Low Tier Test, 4th Offense – Low Tier Test or a Prior OVI Felony – Low Tier Test.
In addition to the issues related to the “impaired charge,” the admissibility and accuracy of the test, and issues related to the time of diving versus the time of the test will be critical in these cases. The cases will often involve an ARIDE or DRE trained officer. See The Evidence Against You. |
DUID Drug Per Se Levels Chart
| Amphetamine | 500 ng per ml urine – 100 ng per ml of whole blood, plasma, serum |
| Cocaine | 150 ng per ml urine – 50 ng per ml of whole blood |
| Cocaine Metabolite | 150 ng per ml urine – 50 ng per ml of whole blood |
| Heroin | 2000 ng per ml urine – 50 ng per ml of whole blood |
| Heroin Metabolite | 10 ng per ml urine – 10 ng per ml of whole blood |
| LSD | 25 ng per ml urine – 10 ng per ml of whole blood |
| Marijuana | 10 ng per ml urine – 2 ng per ml of whole blood, serum or plasma |
| Marijuana Metabolite Impaired* | 15 ng per ml urine – 5 ng per ml whole blood, serum or plasma |
| * Not truly a Per Se offense because also requires that person be impaired by drugs and/or alcohol | |
| Marijuana Metabolite | 35 ng per ml urine – 50 ng per ml whole blood, serum or plasma |
| Methamphetamine | 500 ng per ml urine – 100 ng per ml whole blood |
| Phencyclidine | 25 ng per ml urine – 10 ng per ml whole blood |
| Salvia Divinorum | Board of Pharmacy has not set per se level |
OVI Related Charges
| Vehicular Assault – Vehicular Manslaughter – Vehicular Homicide |
| These are very serious offenses. If you have been, or believe there is even a chance you will be charged with one of these offenses, you need to obtain a consultation with a very qualified attorney. These charges are discussed in detail here. |
| Back to the list of charts |
| Physical Control of a Motor Vehicle Under the Influence |
| Physical Control, is not an OVI charge, but it is still a serious offense that can have significant penalties and ramifications.
Like OVI, it is a First Degree Misdemeanor which can carry up to 180 days in jail, a fine of up to $1,075 and a license suspension of up to 1 year, as well as other penalties often imposed for an OVI such as the 3 day Driver Intervention Program (DIP) and party plates, but these are not mandatory. Physical Control, in Ohio, is not considered an OVI / DUI offense and is considered a non-moving offense. Thus, 0 points are assessed against your driver’s license unlike OVI where six points are assessed. There are no mandatory penalties for Physical Control. If charged with Physical Control they are alleging that you “operated” but did not move a motor vehicle and were either impaired or tested above the low tier or high tier limit. See: OVI Impaired Offense, OVI Low Tier Test Offense and OVI High Tier Test offense. The evidence they need to prove physical control will be similar to the evidence used to prove OVI. The Evidence Against You. But they do not need to prove you drove or moved the vehicle. If charged with OVI a reduction to Physical Control might be a reasonable resolution to your case depending on the facts and circumstances of the case, as well as your personal situation and circumstances. |
| Back to the list of charts |
| Reckless Operation of a Motor Vehicle |
| Reckless Operation is not an OVI offense and people can frequently be charged with reckless operation when no alcohol or drugs are involved. However, if charged with OVI a reduction to Reckless Operation likely would constitute a reasonable resolution to the matter, depending on the facts and circumstances of the case as well as your personal situation.
There are a variety of Reckless Operation charges, which can range from a minor misdemeanor charge with no jail time possible to a second degree misdemeanor with no mandatory jail time but up to 90 days of possible jail time. The fines range can rage up to $750.00. If convicted of Reckless Operation the judge has the discretion to not impose a license suspension or impose a license suspension ranging from 6 months to 3 years. If a plea to Reckless Operation is the result of a negotiated resolution of an OVI charge, generally a recommendation as to penalties are a part of those. |
| Back to the list of charts |
| Out of State DUI Conviction |
| If you are charged with a DUI in another state. You will face a license suspension in Ohio if convicted. We can help you try to avoid that. To learn more click here. |
Administrative License Suspension Charts
ALS Refusal
| ALS refusal with no prior OVI conviction or refusal in 10 years | |
| Length of Suspension | 1 year |
| Hard Time without privileges | 30 days |
| Interlock | At judge’s discretion |
| Party Plates | At judge’s discretion |
| ALS refusal with 1 prior OVI conviction and/or refusal in 10 years | |
| Length of Suspension | 2 years |
| Hard Time without privileges | 90 days |
| Interlock | At judge’s discretion |
| Party Plates | At judge’s discretion |
| ALS refusal with 2 prior OVI convictions and/or refusals in 10 years | |
| Length of Suspension | 3 years |
| Hard Time without privileges | 1 year |
| Interlock | At judge’s discretion |
| Party Plates | At judge’s discretion |
| ALS refusal with 3 prior OVI convictions and/or refusals in 10 years | |
| Length of Suspension | 5 years |
| Hard Time without privileges | 3 years BUT no driving privileges can be granted if 3 refusals in last 10 years |
| Interlock | At judge’s discretion |
| Party Plates | At judge’s discretion |
ALS Test Over Limit
| ALS test over the limit with no prior OVI in last 10 years | |
| Length of Suspension | 90 days |
| Hard Time without privileges | 15 days |
| Interlock | At judge’s discretion |
| Party Plates | At judge’s discretion |
| ALS test over the limit with 1 prior OVI in last 10 years | |
| Length of Suspension | 1 year |
| Hard Time without privileges | 45 days |
| Interlock | At judge’s discretion |
| Party Plates | At judge’s discretion |
| ALS test over the limit with 2 prior OVI convictions in the last 10 years | |
| Length of Suspension | 2 years |
| Hard Time without privileges | 180 days |
| Interlock | Mandatory if alcohol; at judge’s discretion if drug related |
| Party Plates | At judge’s discretion |
| ALS test over the limit with 3 or more prior OVI convictions in the last 10 years | |
| Length of Suspension | 3 years |
| Hard Time without privileges | 3 years (prohibited from driving privileges) |
| Interlock | Mandatory if alcohol; at judge’s discretion if drug related |
| Party Plates | At judge’s discretion |
First OVI Offense in 10 years
There are 4 different possible charges and the penalties will depend on whether you have no test, a low tier test, a high tier test or a criminal refusal charge. Each charge is listed below.
| 1st offense and no test – OVI Impaired Offense | |
| Jail | 3 days* to 180 days jail |
| License Suspension | 1 year ** to 3 years |
| Hard Time period – no driving privileges | 15 days |
| Fine | $375 to $1075 |
| Party Plates | At judge’s discretion |
| Interlock on Car (Blow & Go) | At judge’s discretion |
| Alcohol Assessment | At judge’s discretion |
| *Judge can permit 72 hour Driver’s Intervention Programs (DIP) in lieu of 3 days in jail | |
| ** See Optional First Offense Interlock Restricted License below | |
| 1st offense with low tier test or unlawful drug level | |
| Jail | 3 days* to 180 days jail |
| License Suspension | 1 year ** to 3 years |
| Hard Time period – no driving privileges | 15 days |
| Fine | $375 to $1075 |
| Party Plates | At judge’s discretion |
| Interlock on Car (Blow & Go) | At judge’s discretion |
| Alcohol Assessment | At judge’s discretion |
| *Judge can permit 72 hour Driver’s Intervention Programs (DIP) in lieu of 3 days in jail | |
| ** See Optional First Offense Interlock Restricted License below | |
| 1st offense with high tier test | |
| Jail | 6 days* to 180 days jail |
| License Suspension | 1 year ** to 3 years |
| Hard Time period – no driving privileges | 15 days |
| Fine | $375 to $1075 |
| Party Plates | Mandatory |
| Interlock on Car (Blow & Go) | At judge’s discretion |
| Alcohol Assessment | At judge’s discretion |
| *Judge can permit 72 hour Driver’s Intervention Programs (DIP) in lieu of 3 of the days in jail | |
| ** See First Offense Interlock Restricted License below | |
| 1st offense criminal refusal charge | |
| Jail | 6 days* to 180 days jail |
| License Suspension | 1 year ** to 3 years |
| Hard Time period – no driving privileges | 15 days |
| Fine | $375 to $1075 |
| Party Plates | At judge’s discretion |
| Interlock on Car (Blow & Go) | At judge’s discretion |
| Alcohol Assessment | At judge’s discretion |
| *Judge can permit 72 hour Driver’s Intervention Programs (DIP) in lieu of 3 of the days in jail | |
| ** See Optional First Offense Interlock Restricted License below | |
| First Offense Interlock Restricted License. The judge has ability to reduce license suspension by one half and allow “unlimited driving privileges” but you will need to install an interlock device and there are big risks and potential mandatory jail time that could result. We may be able to reduce your suspension without interlock. Contact us to discuss this or see Ohio OVI Defense: the Law & Practice. |
Second OVI Offense in 10 years
There are 4 different possible charges and the penalties will depend on whether you have no test, a low tier test, a high tier test or a criminal refusal charge. Each charge is listed below.
| 2nd offense no test and no refusal OVI Impaired Offense | |
| Jail | 10 days to 180 days jail |
| License Suspension | 1 year to 7 years |
| Hard Time period – no driving privileges | 45 days |
| Fine | $525 to $1625 |
| Party Plates | At judge’s discretion |
| Interlock on Car (Blow & Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment | Mandatory |
| Mandatory Vehicle Immobilization for 90 days.
But if limited driving authorized after 45 days court can terminate the immobilization order. |
|
| 2nd offense with low tier test or unlawful drug level | |
| Jail | 10 days to 180 days jail |
| License Suspension | 1 year to 7 years |
| Hard Time period – no driving privileges | 45 days |
| Fine | $525 to $1625 |
| Party Plates | At judge’s discretion |
| Interlock on Car (Blow & Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment | Mandatory |
| Mandatory Vehicle Immobilization for 90 days.
But if limited driving authorized after 45 days court can terminate the immobilization order. |
|
| 2nd offense with high tier test | |
| Jail | 20 days to 180 days jail |
| License Suspension | 1 year to 7 years |
| Hard Time period – no driving privileges | 45 days |
| Fine | $525 to $1625 |
| Party Plates | Mandatory |
| Interlock on Car (Blow & Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment | Mandatory |
| Mandatory Vehicle Immobilization for 90 days.
But if limited driving authorized after 45 days court can terminate the immobilization order. |
|
| 2nd Offense Criminal Refusal Offense | |
| Jail | 20 days to 180 days jail |
| License Suspension | 1 year to 7 years |
| Hard Time period – no driving privileges | 45 days |
| Fine | $525 to $1625 |
| Party Plates | At judge’s discretion |
| Interlock on Car (Blow & Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment | Mandatory |
| Mandatory Vehicle Immobilization for 90 days.
But if limited driving authorized after 45 days court can terminate the immobilization order. |
|
Third OVI Offense in 10 years
There are 4 different possible charges and the penalties will depend on whether you have no test, a low tier test, a high tier test or a criminal refusal charge. Each charge is listed below.
| 3rd offense no test and no refusal OVI Impaired Offense | |
| Jail | 30 days to 1 year in jail |
| License Suspension | 2 years to 12 years |
| Hard Time period – no driving privileges | 180 days |
| Fine | $850 to $2750 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| 3rd offense with low tier test or unlawful drug level | |
| Jail | 30 days to 1 year in jail |
| License Suspension | 2 years to 12 years |
| Hard Time period – no driving privileges | 180 days |
| Fine | $850 to $2750 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| 3rd offense with high tier test | |
| Jail | 60 days to 1 year in jail |
| License Suspension | 2 years to 12 years |
| Hard Time period – no driving privileges | 180 days |
| Fine | $850 to $2750 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| 3rd Offense Criminal Refusal | |
| Jail | 60 days to 1 year in jail |
| License Suspension | 2 years to 12 years |
| Hard Time period – no driving privileges | 180 days |
| Fine | $850 to $2750 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
Fourth OVI Offense in 10 years or Sixth in 20 years
There are 4 different possible charges and the penalties will depend on whether you have no test, a low tier test, a high tier test or a criminal refusal charge. Each charge is listed below.
| 4th in 10 years or 6th in 20 years with no test and no refusal OVI Impaired Offense | ||
| Jail or prison | 60 days in jail or prison, to 30 months in prison | |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | ||
| License Suspension | 3 years to lifetime suspension | |
| Hard Time period – no driving privileges | 3 years | |
| Fine | $1350 to $10,500 | |
| Party Plates | Mandatory | |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. | |
| Alcohol Assessment –and treatment | Mandatory | |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | ||
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | ||
| See specification and prison discussion above | ||
| 4th in 10 years or 6th in 20 years with low tier test or unlawful drug level | ||
| Jail or prison | 60 days in jail or prison, to 30 months in prison | |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | ||
| License Suspension | 3 years to lifetime suspension | |
| Hard Time period – no driving privileges | 3 years | |
| Fine | $1350 to $10,500 | |
| Party Plates | Mandatory | |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. | |
| Alcohol Assessment –and treatment | Mandatory | |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | ||
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | ||
| See specification and prison discussion above | ||
| 4th in 10 years or 6th in 20 years with high tier test | ||
| Jail or prison | 120 days in jail or prison, to 30 months in prison | |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | ||
| License Suspension | 3 years to lifetime suspension | |
| Hard Time period – no driving privileges | 3 years | |
| Fine | $1350 to $10,500 | |
| Party Plates | Mandatory | |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. | |
| Alcohol Assessment –and treatment | Mandatory | |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | ||
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | ||
| See specification and prison discussion above | ||
| 4th in 10 years or 6th in 20 years criminal refusal charge
Refused chemical test in current case |
||
| Jail OR prison | 120 days in jail or prison, to 30 months in prison | |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | ||
| License Suspension | 3 years to lifetime suspension | |
| Hard Time period – no driving privileges | 3 years | |
| Fine | $1350 to $10,500 | |
| Party Plates | Mandatory | |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. | |
| Alcohol Assessment –and treatment | Mandatory | |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | ||
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | ||
| See notes re specification and prison discussion below | ||
| Felony Sentencing Notes. Sentencing in felony OVI cases is even more complex than in misdemeanor sentencing. Your maximum sentence can be increased from 1 to 5 years if you had 5 prior offenses in 20 years “Specification.” For more information see Ohio OVI Defense: the Law & Practice. | ||
Prior Felony OVI Conviction
There are 4 different possible charges and the penalties will depend on whether you have no test, a low tier test, a high tier test or a criminal refusal charge. Each charge is listed below.
| Prior felony conviction with no test and no refusal OVI Impaired Offense | |
| Jail or prison | 60 days in jail or prison, to 36 months in prison |
| License Suspension | 3 years to lifetime suspension |
| Hard Time period – no driving privileges | 3 years |
| Fine | $1350 to $10,500 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| See specification and prison discussion above | |
| Prior felony conviction with low tier test or unlawful drug level | |
| Jail or prison | 60 days in jail or prison, to 36 months in prison |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | |
| License Suspension | 3 years to lifetime suspension |
| Hard Time period – no driving privileges | 3 years |
| Fine | $1350 to $10,500 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| See specification and prison discussion above | |
| Prior felony conviction withhigh tier test | |
| Jail or prison | 120 days in jail or prison, to 36 months in prison |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | |
| License Suspension | 3 years to lifetime suspension |
| Hard Time period – no driving privileges | 3 years |
| Fine | $1350 to $10,500 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| See specification and prison discussion above | |
| Prior felony conviction with criminal refusal charge | |
| Jail or prison | 120 days in jail or prison, to 36 months in prison |
| Additional prison term of 1 to 5 years if 5 in 20 Spec. See Felony Sentencing Notes below | |
| License Suspension | 3 years to lifetime suspension |
| Hard Time period – no driving privileges | 3 years |
| Fine | $1350 to $10,500 |
| Party Plates | Mandatory |
| Interlock on car (Blow and Go) | Mandatory. Or, if drug OVI, at judge’s discretion. |
| Alcohol Assessment –and treatment | Mandatory |
| 90 Day vehicle immobilization plus vehicle is subject to forfeiture | |
| Alcohol Monitoring (SCRAM) mandatory if driving privileges are authorized | |
| Felony Sentencing Notes. Sentencing in felony OVI cases is even more complex than in misdemeanor sentencing. Your maximum sentence can be increased from 1 to 5 years if you had 5 prior offenses in 20 years “Specification.” For more information see Ohio OVI Defense: the Law & Practice. | |
For Hard Copies of Charts
To download a pdf hard copy of the above charts click here. To receive a hard copy of Tim Huey’s Ohio OVI Penalty Summaries or other material contact us.
Don’t Go It Alone! Contact Columbus OVI Lawyer Tim Huey Today
If you need the best possible outcome you need an experienced defense lawyer on your side. Any case can be complex and as you can see from the charts above there are a variety of ways you can be charged. Call our office now to schedule a free consultation with our expert OVI defense lawyer, Tim Huey.