Ohio OVI / DUI Penalties: Know Your Rights and Responsibilities

Operating a vehicle impaired (OVI), which may also be referred to interchangeably as driving under the influence (DUI), is a serious offense in Ohio, with strict penalties that can have long-lasting consequences.

If you or someone you know is facing OVI / DUI charges in Ohio, it’s crucial to understand the penalties involved, your legal rights, and the steps you can take to protect yourself.

What are the Requirements for an OVI Charge in Ohio?

To be charged with an OVI in Ohio, you must be operating a vehicle under the influence of alcohol or drugs of abuse or both.

Evidence of whether someone is OVI can come from chemical testing of someone’s blood, breath, or urine.  The most common test is a breath test.  A blood alcohol concentration (BAC) result in a breath test of 0.08% or higher is considered a low-tier OVI but is also a per se violation. A test result above 0.17% is considered high-tier OVI and comes with enhanced penalties

An OVI conviction can be supported by evidence other than chemical test results. 

Refusing to take a chemical test will result in an Administrative License Suspension of your Driver’s License and can lead to harsher penalties if convicted of an OVI.

An OVI conviction in Ohio cannot be expunged or sealed. This means if you’re convicted of OVI, it can make it more difficult to find work and housing.

Ohio OVI / DUI Penalties: The Basics

In Ohio, DUI penalties vary depending on factors such as blood alcohol concentration (BAC), prior offenses, and other circumstances.

Here’s a general overview of what you can expect if you are convicted of an OVI in Ohio:

Penalties for a First Offense

Potential penalties for a first offense OVI in Ohio may include:

• License suspension of 1 to 3 years
• Fines ranging from $565 to $1,075
• Potential jail time for a low tier OVI ranging from a mandatory minimum of 3 days in jail (or Drivers Intervention Program) to 180 days ( 6 months), A high tier test result increases the mandatory minimum jail sentence to 6 days.
• Up to 5 years of probation
• 6 points added to your driving record

Penalties for a Second Offense

A second OVI  offense within ten years of the first carries harsher penalties, which may include:

• License suspension of 1 to 7 years
• Fines ranging from $715 to $1,625
• Potential jail time ranging from a mandatory minimum of 10 days to 180 days for a low-tier test result.  A high-tier test result increases the mandatory minimum jail sentence to 20 days.
• Up to 5 years of probation
• Mandatory alcohol/drug assessment and treatment, if recommended.
• Restricted license plates
• Installation of an ignition interlock device if alcohol-related OVI
• 6 points added to your driving record
• 90-day immobilization of your vehicle

Penalties for a Third Offense

A third OVI offense within ten years escalates penalties further:

• License suspension of 2 to 12 years
• Fines ranging from $1,040 to $2,750
• Potential jail time ranging from 30 days to 1 year. A high-tier test result increases the mandatory minimum jail sentence to 60 days. 
• Up to 5 years of probation
• Mandatory alcohol/drug assessment and treatment
• Restricted license plates
• Installation of an ignition interlock device if alcohol-related OVI
• Vehicle forfeiture
• 6 points added to your driving record

Subsequent Offenses

The fourth offense and any subsequent offenses become felony OVI charges.

Aggravated Factors

Certain aggravating factors such as

• BAC above 0.17%
• Accidents causing injury or death
• Driving with a suspended license
• The number of prior OVI convictions and test refusals

can lead to enhanced penalties, including longer jail sentences, higher fines, and more.

Underage OVI in Ohio

Ohio has a separate impaired driving law that applies to drivers under the age of 21. A first offense underage OVI conviction is a fourth-degree misdemeanor with the possible penalties of:

• License suspension: 90 days to 2 years
• Up to $250 in fines
• Up to 30 days in jail

Legal Rights and Defense Strategies

When facing DUI charges in Ohio, it’s crucial to know your legal rights and explore potential defense strategies. Here are some key points to keep in mind:

Legal Representation

Seek legal representation from an experienced OVI defense attorney who understands Ohio’s laws and can build a strong defense on your behalf.

Challenging Evidence

Your attorney may challenge the validity of field sobriety tests, breathalyzer, blood, or urine test results, or any other evidence to weaken the prosecution’s case.

Negotiating Plea Bargains

In some cases, your attorney may negotiate plea bargains for reduced charges or lesser penalties, especially for first-time offenders.

Alternative Sentencing

Ohio offers alternative sentencing options such as:

• Drivers Intervention Program (DIP)
• Probation
• Community service

An SS+D Law attorney can explore these options based on your circumstances.

Protecting Your Future

Beyond the immediate legal consequences, an OVI conviction can impact various aspects of your life, including employment opportunities, professional licenses, and insurance rates. Taking proactive steps can help protect your future:

Compliance with Court Orders

Adhere to all court orders, including attending mandatory alcohol education programs or community service requirements.

Driver’s License Reinstatement

If you were arrested for OVI, the Ohio Bureau of Motor Vehicles (BMV) can suspend your driver’s license—even without a conviction. Be sure to check with your lawyer and the BMV before driving your vehicle, as you may have a license suspension period, during which you cannot drive.

After the license suspension period, you may be able to apply for limited driving privileges for work, school, court, treatment, and other places.

Work towards reinstating your driver’s license by completing required steps such as license suspension periods, fines, and any mandated treatment programs.

Insurance Considerations

Be prepared for potential increases in auto insurance premiums following an OVI conviction and explore options for obtaining affordable coverage.

Future Decision-Making

Learn from the experience and make responsible choices regarding drug and/or alcohol consumption and driving to avoid future legal issues.

Conclusion

Facing OVI  charges in Ohio is a serious matter that requires careful navigation of legal proceedings, understanding of penalties, and proactive steps to protect your rights and future.

By educating yourself, seeking legal counsel, and taking appropriate actions, you can mitigate the impact of DUI charges and work towards moving forward positively.

Contact the DUI lawyers at SS+D Law, a law firm located in Dayton, Ohio, dedicated to defending the rights of our clients.