What Happens When You Get an OVI in Ohio?

In Ohio, a charge of operating a vehicle impaired—an OVI—can instantly turn your life upside down. What happens when you get an OVI in Ohio? Ohio OVI laws rank among the toughest in the nation, with mandatory minimum penalties that can dramatically increase based on various factors, such as prior offenses, blood alcohol concentration (BAC), and aggravating circumstances. 

The culmination means hiring an experienced OVI attorney in Ohio is the most prudent course of action to protect your rights now and in the future.

The Traffic Stop: How an OVI Begins

When Ohio law enforcement officers spot signs of impairment—swerving, slow speeds, failure to signal, or even minor equipment violations like a burned-out taillight—drivers are pulled over and approached. During the stop, officers observe the driver’s behavior and take note of signs of intoxication like slurred speech, bloodshot eyes, the smell of alcohol, or difficulty retrieving documents.

When an officer suspects intoxication, the process accelerates with:

1. Field Sobriety Tests: Officers might ask you to step out of your car to more closely observe your eyes and to ask you to perform standardized tests—your ability to walk and turn or to stand on one leg, for example. Importantly, these tests are subjective and can be challenged in court.
2. Preliminary Breath Test: Officers could use a handheld device for an initial reading of your BAC. Although these readings aren’t admissible in court, the test gives officers an argument for probable cause for your arrest.
3. Chemical Testing: If arrested, you’ll be asked to submit to a breath, blood, or urine test when you arrive at the station.

In 2023, 12,429 people in the U.S. died in a car accident due to alcohol-impaired driving. With approximately 30% of fatal crashes in the country involving intoxicated driving, procedures are designed to curb impaired driving and reduce fatalities.

OVI Penalties in Ohio: A Tiered System

Ohio classifies OVIs as either misdemeanors or felonies, depending on the offense level. This means courts take into consideration impairment levels and recurring offenses over a 10-year period when determining sentencing. 

Misdemeanor OVI offenses can have the following penalties:

• A first OVI results in a minimum jail time of three days or the completion of a driver intervention program. Fines range from $375 to $1,075 and also include a license suspension of one to three years. Other penalties could also include yellow plates for your vehicle, which indicate restricted driving privileges, or the installation of an ignition interlock device (IID).
• A second OVI within 10 years carries a minimum of 10 days in jail with fines ranging between $525 and $1,625. License suspension lasts one to seven years and also requires a mandatory interlock, along with possible vehicle forfeiture.
• For a third OVI, the minimum jail time rises to 30 days with fines spanning from $850 to $2,750. License suspension extends from 2 to 12 years. A third OVI conviction is elevated to a felony classification in cases requiring an interlock within the last 10 years. 

Felony OVI offenses may result in these penalties:

• A fourth or fifth offense in 10 years or a sixth offense in 20 years imposes 60 days minimum jail time and 30 months maximum. A second felony OVI in your lifetime can result in up to five years in prison. Fines run up to $10,500, and license suspension duration ranges from three years to life. Vehicle forfeiture and a treatment program may also be required, as well as the installation of an IID.
• Along with repeat OVI offenses, factors like an excessive BAC, child endangerment, or causing injury or death can trigger aggravated penalties, which could elevate a first offense to the felony level. 

Long-Term Impact of an OVI Conviction

Along with the stress of defending an OVI charge in the courtroom, an OVI conviction creates a permanent criminal record and presents a multitude of other challenging ripple effects:

• Insurance: In the business of determining risk, insurance companies see a big red flag among drivers with OVI convictions. High-risk coverage, known as SR-22, costs far more than policies without an OVI conviction. This means your insurance premium could skyrocket after an OVI conviction.
• Employment: Because an OVI conviction shows up in background checks, jobs with driving requirements—trucking, delivery, sales—are at risk. Nurses, teachers, and pilots may also face suspension of their professional licenses.
• Immigration: Noncitizens could face deportation, while green card and visa applicants can jeopardize their status.

Hire an OVI Lawyer

Your most effective defense when facing an OVI charge is to hire an OVI lawyer. Time plays a critical role in fighting your charges, and a skilled criminal defense attorney in Ohio can mitigate the fallout. 

Our OVI attorneys have the skill and know-how to do the following:

• File motions to suppress evidence in the case of an illegal stop or where faulty breathalyzer calibrations occur.
• Challenge the validity of field sobriety tests.
• Negotiate plea bargains for a lesser charge.
• Secure limited driving privileges during suspension.
• Represent you at hearings and trials.

In many cases, skilled representation can lead to dismissal, reduced charges, or alternative sentencing.

FAQs 

Will I Go to Jail for My First OVI in Ohio?

You can potentially go to jail for your first OVI in Ohio. State law calls for a minimum jail time of three days or completion of a certified driver intervention program. Courts seldom waive this penalty entirely, but alternatives, like house arrest with monitoring, are a possibility with a strong legal advocate in your corner.

Can You Drive After an OVI in Ohio?

You can’t drive after an OVI during the initial hard suspension of your license that occurs after your arrest. After the suspension, you might qualify for limited occupational privileges with court approval, the purchase of insurance, and possibly an ignition interlock device. Full reinstatement requires completing your sentence and paying an additional license reinstatement fee.

How Does an OVI Charge Happen in Ohio?

In Ohio, an OVI charge happens when drivers operate a vehicle with a BAC that is above the legal limit, with any amount of Schedule I or Schedule II drugs in their system, or when impaired due to alcohol or drugs, including prescription medications. If you are arrested or charged with OVI, you should contact our firm immediately for legal representation.

How Do You Beat an OVI Case in Ohio?

You can beat an OVI case in Ohio by hiring an effective defense lawyer. Success depends on case specifics, but a knowledgeable lawyer can employ a variety of strategies, including:

• Challenging the stop and arrest (no probable cause)
• Challenging the accuracy of tests (maintenance logs, operator error)
• Proving no operation of the vehicle (you were not driving)
• Negotiating a reduction in charges to a lesser offense

Why Choose DiCaudo, Pitchford & Yoder?

Early attorney involvement can dramatically improve the outcome of your case. Founded in 2003, DiCaudo, Pitchford & Yoder brings years of experience and skill to helping you navigate your OVI and maintain your rights. With our in-depth knowledge of criminal law and our track record of case dismissals and acquittals, you can count on us to effectively represent you.

Contact our law firm to hire your Ohio OVI defense attorney.