OVI Penalities

PENALTIES FOR MISDEMEANOR

OPERATING VEHICLE UNDER THE INFLUENCE

O.R.C. 4511.19(A), (G)

1st Offense in 10 years simple OVI and low B.A.C. test (over .08 but < .17):

Incarceration: Up to 6 months with mandatory 3 days or D.I.P. (may avoid with interlock)

Fines: Mandatory $375.00 and up to $1,075.00.

License Suspension: Mandatory 1 year and up to 3 years (Class 5).

Driving Privileges: After 15 days (after 30 if refusal).

Restricted Plates: Optional.

Interlock: Optional.

Immobilization/Forfeiture: No.

Treatment: Optional.

1st Offense in 10 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years:

Incarceration: Up to 6 months with mandatory 6 days or 3 days and D.I.P. (may avoid with interlock)

Fines: Mandatory $375.00 and up to $1,075.00.

License Suspension: Mandatory 1 year and up to 3 years (Class 5).

Driving Privileges: After 15 days (after 30 if refusal)

Restricted Plates: Required for high tier test.

Interlock: Optional.

Immobilization/Forfeiture: No.

Treatment: Optional.

2nd Offense in 10 years simple OVI and low B.A.C. test (over .08 but < .17):

Incarceration: Up to 6 months with mandatory 10 days or 5 days and 18 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.

Fines: Mandatory $525.00 and up to $1,625.00.

License Suspension: Mandatory 1 year and up to 7 years (Class 4).

Driving Privileges: After 45 days (90 days for refusal).

Restricted Plates: Required.

Interlock: Required if alcohol related/Optional if drug related.

Immobilization/Forfeiture: 90 day imobilization if vehicle owned.

Treatment: Alcohol/Drug assessment and recommended treatment mandatory.

2nd Offense in 10 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years:

Incarceration: Up to 6 months with mandatory 20 days or 10 days and 36 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.

Fines: Mandatory $525.00 and up to $1,625.00.

License Suspension: Mandatory 1 year and up to 7 years (Class 4).

Driving Privileges: After 45 days (90 days for refusal).

Restricted Plates: Required.

Interlock: Required if alcohol related/Optional if drug related.

Immobilization/Forfeiture: 90 day imobilization if vehicle owned.

Treatment: Alcohol/Drug assessment and recommended treatment mandatory.

3rd Offense in 10 years simple OVI and low B.A.C. test (over .08 but < .17):

Incarceration: Up to 1 year with mandatory 30 days or 15 days and 55 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.

Fines: Mandatory $850.00 and up to $2,750.00.

License Suspension: Mandatory 2 year and up to 10 years (Class 3).

Driving Privileges: After 180 days.

Restricted Plates: Required.

Interlock: Required if alcohol related/Optional if drug related.

Immobilization/Forfeiture: Forfeiture if registered to offender.

Treatment: Alcohol/Drug addiction treatment program mandatory.

3rd Offense in 10 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years:

Incarceration: Up to 1 year with mandatory 60 days or 30 days and 110 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring.

Fines: Mandatory $850.00 and up to $2,750.00.

License Suspension: Mandatory 2 year and up to 10 years (Class 3).

Driving Privileges: After 180 days.

Restricted Plates: Required.

Interlock: Required if alcohol related/Optional if drug related.

Immobilization/Forfeiture: Forfeiture if registered to offender.

Treatment: Alcohol/Drug addiction treatment program mandatory.

4th Offense and beyond in 10 years is a Felony Offense in the State of Ohio. For a complete list of the potential penalties for a felony OVI, please consult with an attorney. See also O.R.C. 4511.19.

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