Penalties for OVI / DUI / DWI
Operation of Vehicle Under the Influence ORC §4511.19(A)-(G)
First offense in 6 years
First Degree Misdemeanor.
3-180 days in jail or Drive Intervention Program (DIP); or
6-180 days in jail or 3 days jail and DIP if BAC .17% or higher or a chemical test refusal within prior 20 years.
Fine: $375 - $1,075.
Alcohol Treatment: Optional.
Suspension: 6 months to 3 years.
Driving privileges after 15 days.
Restricted DUI Plates: Optional. (Mandatory if BAC is ≥ .17% or refusal within prior 20 years.)
Ignition Interlock: Optional.
Vehicle Sanctions: None.
Second offense in 6 years
First Degree Misdemeanor.
10-180 days in jail, or 5 days jail and 18 days House Arrest with Electronic Monitoring (HAEM) or Continuous Alcohol Monitoring (CAM) via an ankle bracelet; or
20-180 days in jail, or 10 days jail & 36 days HAEM or CAM if BAC is ≥.17% or a refusal within prior 20 years.
Fine: $525 - $1,625.
Alcohol/drug assessment and recommended treatment mandatory.
Suspension: 1 to 5 years.
Driving privileges after 45 days.
Restricted DUI Plates and Ignition Interlock: Mandatory.
Vehicle Sanctions: 90 day immobilization.
Third offense in 6 years
Unclassified Misdemeanor.
30-365 days in jail, or 15 days jail and 55 days HAEM or CAM; or
60-365 days in jail, or 30 days jail and 110 days HAEM or CAM if BAC is ≥ .17% or a refusal within prior 20 years.
Fine: $850 - $2,750.
Alcohol/drug assessment and recommended treatment mandatory.
Suspension: 2 to 10 years.
Driving privileges after 180 days.
Restricted DUI Plates and Ignition Interlock: Mandatory.
Mandatory forfeiture of vehicle if registered to offender.
Forth or Fifth offense in 6 years, or Sixth offense in 20 years
Forth Degree Felony.
60 to 365 days in jail or 60 days prison, with option of an additional 6 to 30 months; or
120 to 365 days in jail or 120 days prison, with option of additional 6 to 30 months if BAC is ≥ .17% or a refusal within prior 20 years.
Fine: $1,350 - $10,500.
Alcohol/drug assessment and recommended treatment mandatory.
Suspension: 3 years to life.
Driving privileges after 3 years.
Restricted DUI Plates and Ignition Interlock: Mandatory.
Mandatory forfeiture of vehicle if registered to offender.
Second Lifetime Felony
Third Degree Felony.
60 days or up to 5 years in prison; or
120 days up to 5 years in prison with a BAC ≥ .17% or a test refusal.
Fine: $1,350 - $10,500.
Alcohol/drug assessment and recommended treatment mandatory.
Suspension: 3 years to life.
Driving privileges after 3 years.
Restricted DUI Plates and Ignition Interlock: Mandatory.
Mandatory forfeiture of vehicle if registered to offender.
First or Second Lifetime Felony with ORC §2941.1413 Specification
A ORC §2941.1413 specification applies if the offender has been convicted of five or more OVI's in 20 years.
Forth Degree Felony (1st Felony).
Third Degree Felony (2nd Felony).
60 days or up to 5 years in prison; or
120 days up to 5 years in prison with a BAC ≥ .17% or a test refusal.
1 to 5 years of prison time consecutive to the above prison.
Fine: $1,350 - $10,500.
Alcohol/drug assessment and recommended treatment mandatory.
Suspension: 3 years to life.
Driving privileges after 3 years.
Restricted DUI Plates and Ignition Interlock: Mandatory.
Mandatory forfeiture of vehicle if registered to offender.
Operation of Vehicle After Underage Alcohol Consumption: ORC §4511.19(B)-(H)
First offense in 1 year
Forth Degree Misdemeanor.
0 to 30 days in jail.
Fine: $0 - $250.
Alcohol Treatment: Optional.
Suspension: 90 days to 2 years.
Driving privileges after 60 days.
Restricted DUI Plates: Optional.
Ignition Interlock: Optional.
Vehicle Sanctions: None.
Two of more offenses in 1 year
Third Degree Misdemeanor.
0 to 60 days in jail.
Fine: $0 - $500.
Alcohol Treatment: Optional.
Suspension: 1 to 5 years.
Driving privileges after 60 days.
Restricted DUI Plates: Optional.
Ignition Interlock: Optional.
Vehicle Sanctions: None.
Administrative License Suspensions
Refusal of Chemical Test
1st refusal in 6 years: 1 year suspension, driving privileges after 30 days
2nd refusal in 6 years: 2 year suspension, driving privileges after 90 days
3rd refusal in 6 years: 3 year suspension, driving privileges after 180 days
4th refusal in 6 years: 5 year suspension, driving privileges after 3 years
Failed Chemical Test
1st failure in 6 years: 90 day suspension, driving privileges after 15 days
2nd failure in 6 years: 1 year suspension, driving privileges after 30 days
3rd failure in 6 years: 2 year suspension, driving privileges after 180 days
4th failure in 6 years: 3 year suspension, driving privileges after 3 years