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What is the penalty for a DUI or OVI in Ohio?

What is the penalty for a DUI or OVI in Ohio?

1st Offense in 10 Years.

Number & Type of Offense: 1st in 10 years (Below .160 BAC or low test)

  • Degree of Defense: M1
  • Incarceration: 3 days jail or DIP. Up to 6 months. (Must be suspended if granted Unlimited Driving Privileges)
  • Fines: $375-$1,075
  • Treatment: Optional
  • License Suspension: Unclassified (1 to 3 Years)
  • Driving Privileges: After 15 Days
  • Restricted/Plates Interlock: Both Optional
  • Immobilization / Vehicle Forfeiture: No

Number & Type of Offense: 1st in 10 years (Above .160 BAC or Refusal w/in Past 20 Years)

  • Degree of Defense: M1
  • Incarceration: 6 days in jail or 3 days jail or DIP. Up to 6 months. (Must be suspended if granted Unlimited Driving Privileges)
  • Fines: $375-$1,075
  • Treatment: Optional
  • License Suspension: Unclassified (1 to 3 Years)
  • Driving Privileges: After 15 Days (If Refusal, then 30 days)
  • Restricted/Plates Interlock: Plates Required for high-end. Interlock Optional.
  • Immobilization: No

2nd Offense in 10 Years.

Number & Type of Offense: 2nd in 10 years (Below .160 BAC or low test).

  • Degree of Defense: M1
  • Incarceration: 10 days in jail or 5 days jail and 18 days HAEM and/or CAM. Up to 6 months.
  • Fines: $525-$1,675
  • Treatment: Alcohol/Drug Assessment and Recommended Treatment Mandatory
  • License Suspension: Unclassified (1 Year to 7 Years)
  • Driving Privileges: After 45 Days (If Refusal, then 90 days)
  • Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
  • Immobilization: 90 Days immobilization if owned by Accused.

Number & Type of Offense: 2nd in 10 years (Above .160 BAC or Refusal w/in Past 20 Years)

  • Degree of Defense: M1
  • Incarceration: 20 days in jail or 10 days jail and 36 days HAEM and/or CAM. Up to 6 months.
  • Fines: $525-$1,675
  • Treatment: Alcohol/Drug Assessment and Recommended Treatment Mandatory
  • License Suspension: Unclassified (1 Year to 7 Years)
  • Driving Privileges: After 45 Days (If Refusal, then 90 days)
  • Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
  • Immobilization: 90 Days immobilization if owned by Accused.

3rd Offense in 10 Years.

Number & Type of Offense: 3rd in 10 years (Below .160 BAC)

  • Degree of Defense: Unclassified Misdemeanor
  • Incarceration: 30 days in jail or 15 days jail and 55 days HAEM and/or CAM. Up to 1 Year.
  • Fines: $850-$2,750
  • Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
  • License Suspension: Unclassified (2 to 12 Years)
  • Driving Privileges: After 180 Days (If Refusal, then 1 Year)
  • Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
  • Immobilization: Forfeiture, if owned by Accused.

Number & Type of Offense: 3rd in 10 years (Above .160 BAC or Refusal w/in Past 20 Years)

  • Degree of Defense: Unclassified Misdemeanor
  • Incarceration: 60 days in jail or 30 days jail and 110 days HAEM and/or CAM. Up to 1 Year.
  • Fines: $850-$2,750
  • Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
  • License Suspension: Unclassified (2 to 12 Years)
  • Driving Privileges: After 180 Days (If Refusal, then 1 Year)
  • Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
  • Immobilization: Forfeiture, if owned by Accused.

4th or 5th Offense in 10 Years -- OR -- 6th Offense in 20 Years.

Number & Type of Offense: 4th or 5th in 10 years (Below .160 BAC) or 6th in 20 Years

  • Degree of Defense: Felony of the 4th Degree
  • Incarceration: 60 days local incarceration up to 1 Year or  60 days in prison with option of additional 6 to 30 months.
  • Fines: $1,350-$10,500
  • Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
  • License Suspension: Class 2 (3 Years to Life)
  • Driving Privileges: After 3 Years
  • Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
  • Immobilization: Forfeiture, if owned by Accused.

Number & Type of Offense: 4th or 5th in 10 years (Above .160 BAC or Refusal) or 6th in 20 Years

  • Degree of Defense: Felony of the 4th Degree
  • Incarceration: 120 days local incarceration up to 1 Year or 120 days in prison with option of additional 6 to 30 months.
  • Fines: $1,350-$10,500
  • Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
  • License Suspension: Class 2 (3 Years to Life)
  • Driving Privileges: After 3 Years
  • Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
  • Immobilization: Forfeiture, if owned by Accused.

Penalties continue to escalate as the number of offense and/or breath test increases. This penalty chart is not a substitute for the advice of counsel. This is merely provided to give a brief assessment of the penalties which may be imposed.

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