How Long Does OVI Stay on Your Record in Ohio?


July 2, 2024

A conviction on charges of operating a vehicle under the influence (OVI) can have severe consequences for an Ohio driver. Most offenders would like to put this experience behind them as soon as possible. However, even when you have completed your time in jail or paid the necessary fines, you may wonder how long an OVI stays on your record.

Can My OVI Be Expunged?

In Ohio, an OVI conviction cannot be expunged. Ohio law explicitly prohibits the sealing or expunging of OVI convictions, regardless of the circumstances. This includes both first-time and repeat offenses. The rationale behind this strict policy is to maintain a comprehensive record of impaired driving offenses to enhance public safety and ensure repeat offenders are appropriately penalized. Individuals with OVI convictions must contend with the long-term legal and personal repercussions of their record.

Criminal Penalties for OVI Arrests in Ohio

The basic penalties for an OVI conviction in Ohio include:

First Offense

A minimum of 3 days in jail plus a minimum fine of $375

Second Offense

A minimum of 10 days in jail plus a minimum fine of $525

Third Offense

A minimum of 30 days in jail plus a minimum fine of $850

Fourth Offense

A minimum of 60 days in jail plus a minimum fine of $1,350

These penalties can be higher if your blood alcohol level is over 0.17 or if there are other aggravating factors. Additional penalties may include state-ordered alcohol treatment, loss of driving privileges, and installation of an ignition interlock device in your vehicle.

What Are Some Defenses for an OVI Arrest in Ohio?

Your attorney will review possible defenses for your OVI arrest based on the details of your case. Some typical OVI defense strategies include:

Illegal Police Stop

Your attorney might challenge the legality of the traffic stop if the officer lacked reasonable suspicion to stop the vehicle. Any evidence obtained during an illegal stop will be inadmissible.

Incorrect Administration of Sobriety Test

Another strategy involves arguing that the field sobriety tests were not administered according to standard procedures. Mistakes in the test’s administration can lead to inaccurate results, which can be grounds for dismissing the evidence.

Failure to Read Miranda Rights

If the officer failed to read you your Miranda rights before questioning or detaining you, any self-incriminating statements you made could be suppressed, weakening the prosecution’s case.

Issues with Sample Testing

Your attorney may also dispute the accuracy and handling of breath, blood, or urine samples. This includes challenging the calibration and maintenance of breathalyzers, as well as the proper chain of custody and storage of biological samples to ensure they were not tampered with or contaminated.

Contact the Ohio OVI Attorneys at DiCaudo, Pitchford & Yoder Today

An OVI arrest is a serious matter, and you need a dedicated and aggressive OVI attorney on your side to fight for your rights.

The attorneys at DiCaudo, Pitchford & Yoder have over 50 years of combined experience in all criminal matters, including OVI cases, and we have a long and successful track record of defending clients against OVI charges.

Contact us today to meet with an attorney.