Penalties for OVI/DUI/DWI

 

Operation of Vehicle Under the Influence ORC §4511.19(A)-(G) - 6 Points

 

First offense in 10 years

First Degree Misdemeanor.

3-180 days in jail or Driver Intervention Progran (DIP); or

6-180 days in jail or 3 days jail and DIP if BAC is ≥.17% or refusal within prior 20 years.

If the defendant requests, and the court grants "unlimited driving privileges" (UDP) with certified ignition interlock device (IID), the court must suspend any jail term imposed.

Fine: $375 - $1,075.

Alcohol Treatment: Optional.

Suspension: 1 to 3 years. The court may reduce the suspension by half with a UDP.

Driving privileges after 15 days, if chemical test is taken. Driving privileges after 30 days, if chemical test is refused.

Restricted DUI Plates: Optional. (Mandatory if BAC is ≥.17% or refusal within prior 20 years, or UDP/IID granted.)

Vehicle Sanctions: None.

 

Second offense in 10 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 7 years.

Driving privileges after 45 days.

Restricted DUI Plates and Ignition Interlock: Optional (Mandatory if BAC is ≥.17%). IID required for alcohol related offense, optional for drug offense.

Vehicle Sanctions: 90 day immobilization.

 

Third offense in 10 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 12 years.

Driving privileges after 180 days.

Restricted DUI Plates and Ignition Interlock: Mandatory. IID optional for drug related offense.

Mandatory forfeiture of vehicle if registered to offender.

 

Forth or Fifth offense in 10 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. IID optional for drug related offense.

Mandatory forfeiture of vehicle if registered to offender.

 

Second Liftime Felony

Third Degree Felony.

60 days to 3 years in prison; or

120 days to 3 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. IID optional for drug related offense.

Mandatory forfeiture of vehicle if registered to offender.

 

First or Second Liftime 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).

1, 2, 3, 4,or 5 years in prison to be served prior and consecutive to any Felony of the Third or Forth Degree.

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. IID optional for drug related offense.

Mandatory forfeiture of vehicle if registered to offender.

 

Operation of Vehicle After Underage Alcohol Consumption: ORC §4511.19(B)-(H) - 4 Points

 

First offense in 1 year

Forth Degree Misdemeanor.

0 to 30 days in jail.

If the defendant requests, and the court grants "unlimited driving privileges" (UDP) with certified ignition interlock device (IID), the court must suspend any jail term imposed.

Fine: $0 - $250.

Alcohol Treatment: Optional.

Suspension: 90 days to 2 years.

Driving privileges after 60 days.

Restricted DUI Plates and Ignition Interlock: Mandatory, if UDP granted.

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 and Ignition Interlock: Optional.

Vehicle Sanctions: None.

 

Administrative License Suspensions

 

Refusal of Chemical Test

1st refusal in 10 years: 1 year suspension, driving privileges after 30 days

2nd refusal in 10 years: 2 year suspension, driving privileges after 90 days

3rd refusal in 10 years: 3 year suspension, driving privileges after 1 year

4th refusal in 10 years: 5 year suspension, driving privileges after 3 years

 

Failed Chemical Test

1st failure in 10 years: 90 day suspension, driving privileges after 15 days

2nd failure in 10 years: 1 year suspension, driving privileges after 45 days

3rd failure in 10 years: 2 year suspension, driving privileges after 180 days

4th failure in 10 years: 3 year suspension, driving privileges after 3 years

   

Administrative License Suspension Appeal: ORC §4511.197

An administrative license suspension may be appealed at the initial appearance (5 day hearing), or within 30 days of the same. The scope of the appeal is limited to determineing whether one or more of the following conditions have not been met:

     1. Whether the officer had reasonable ground to believe the person was OVI, OVUAC, or in physical control in violation of statute or municipal ordinance, and whether the person was in fact placed under arrest. RC 4511.197(C)(1).

     2. Whether the officer requested the person to submit to a chemical test or tests. RC 4511.197(C)(2).

     3. Whether the officer informed the person of the consequences of taking or refusing test or tests; or for the repeat OVI offender that would be required to be sentenced under RC 4511.19(G)(1)(c),(d), or (e), that in event of test refusal the officer could use whatever reasonable means necessary to ensure the person submitted to a blood thest. RC 4511.197(C)(3).

     4. Whichever of the following applies:

           a. if a test refusal suspension was imposed, whether the person refused to submit to the test or tests requested by the officer, or

           b. if a failed test suspension was imposed, whether at the time of the offense, the bodily substance tested contained a prohibited concentration of alcohol, listed controlled substance or metabolite. RC 4511.197(C)(4).

 

"The time limits set forth under R.C. 4511.197(A) are obviously jurisdictional in nature. If an administrative license suspension is not timely appealed, the court has no jurisdiction to consider the appeal." Westlake v. Pesta, 8th Dist. Cuyahoga No. 92150, 2009-Ohio-4713, ¶5; State v. Derov, 7th Dist. Mahoning No. 08 MA 189, 2009-Ohio-4810, ¶13-14.