What Is the Penalty for OVI in Ohio?

In Ohio, the legal term for what most people call “driving under the influence” (DUI) is “operating a vehicle while impaired,” or OVI. Ohio authorities aggressively pursue OVI cases to protect impaired drivers and others on the road from potential harm. Therefore, you can expect stiff penalties upon conviction for an OVI charge.

The team at DiCaudo, Pitchford & Yoder has many years of experience with Ohio OVI cases and can help you avoid the worst possible outcomes in your case. Keep reading for more information on OVI penalties in Ohio, some possible defense strategies, and what we can do to help you.

Ohio Definition of OVI/DUI

Many people believe the only factor that matters in Ohio OVI/DUI cases is the level of alcohol or drugs in their system. Unfortunately, that’s not true. The Ohio Revised Code says anyone driving with a blood-alcohol concentration (BAC) of 0.08 percent or higher is automatically assumed to be too impaired to drive, an offense called OVI per se. However, Ohio law also says the police can arrest anyone on suspicion of OVI if the driver is under the influence of alcohol, drugs, or a combination of the two. So, if a driver has consumed any alcohol or drugs and it affects their ability to drive, they could face an OVI charge.

There are also stricter BAC limits for certain drivers. For example, anyone under age 21 could face an OVI charge with a BAC of just 0.02 percent or higher. There are also stricter limits for commercial drivers in Ohio.

Ohio OVI Penalties

The penalties for an OVI conviction in Ohio largely depend on whether a driver has any prior convictions and whether they injured anyone or caused any property damage while impaired. The following list outlines the potential penalties drivers may face for an OVI conviction:

First Offense

Mandatory Jail Time

Minimum of three consecutive days, which could be served in a driver’s intervention program. Total jail time cannot exceed six months.

Fines

$375-$1,075.

License Suspension

From one to three years, with the possibility of limited driving privileges.

Second Offense (Within Ten Years)

Mandatory Jail Time

At least 10 consecutive days, with the possibility of house arrest with electronic monitoring and/or continuous alcohol monitoring as an alternative. Total jail time cannot exceed six months.

Fines

$525-$1,625.

License Suspension

From one to seven years, with potential for limited driving privileges.

Third Offense (Within Ten Years)

Mandatory Jail Time

At least 30 consecutive days, with the total jail time capped at one year.

Fines

$850-$2,750.

License Suspension

From two to twelve years, with the possibility of limited driving privileges.

Fourth or More Offenses (Within Ten Years) or Offenses with Prior Felony Convictions

Mandatory Prison Term

For fourth-degree felonies, mandatory prison term of 60 to 120 days. For third-degree felonies, mandatory prison term of 60 to 120 days, with the possibility of additional prison terms.

Fines

$1,350-$10,500.

License Suspension

Minimum of 3 years, possible permanent revocation. Limited driving privileges may be granted.

Vehicle Forfeiture

Mandatory for vehicles registered in the offender’s name.

Contact an Ohio OVI Lawyer Now

The best way to protect your rights and driving privileges if you face an OVI charge in Ohio is to work with a knowledgeable attorney. The Akron, OH, OVI defense lawyers at DiCaudo, Pitchford & Yoder can help you avoid the worst possible outcomes in your situation.

Call us today or complete our contact form for a free consultation.