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Ohio DUI Penalties

Ohio OVI penalties progress based on the number of prior OVI convictions and whether you are charged with a low or high level OVI.  Be aware, OVI convictions cannot be expunged.

 

Sivinski Law Offices, ltd.

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Contact the Ohio DUI Attorneys at Sivinski Law Offices for a free consultation immediately, so we can start to protect your rights before they are lost.

Important Update

 

These penalties include changes made effective April 6, 2017 with HB 388 ("Annie's Law")

Penalties for a First OVI/DUI In 10 Years

A. Low Level:

 

  • Minimum Incarceration:  (a) 3 days of jail or (b) 3 days DIP.  May be avoided with an interlock.
  • Maximum Incarceration:  6 months
  • Probation up to 5 years
  • Fine: $375 up to $1,075
  • Optional treatment order.
  • License suspension of 1 to 3 years.  No driving privileges during first 15 days (30 if a refusal).
  • License Reinstatement Fee of $475.00
  • Restricted Plates optional.
  • Interlock optional
  • 6 points assessed to driving record

 

B. High Level or Refusal with an OVI conviction within the past 20 years:

 

  • Minimum Incarceration:  (a) 6 days of jail or (b) 3 days DIP and 3 days of jail
  • Maximum Incarceration:  6 months
  • Probation up to 5 years
  • Fine from $375 up to $1,075
  • Optional treatment order.
  • License suspension of 6 months to 3 years.  No driving privileges during first 15 days (30 if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required.
  • Interlock optional
  • 6 points assessed to driving record

Ohio OVI Definitions

 

Low Level Breath Test for Alcohol: .08 but less than .17

 

High Level Breath Test for Alcohol: .17 or greater

 

Restricted Plates: Yellow and Red license plates that must be on any vehicle you drive.

 

DUI:  Old terminology for an OVI, they mean the same.

 

Interlock: An ignition device that requires breath samples before the vehicles will start and while the vehicles is operating.  If the device detects alcohol, the vehicle will not start and the results will be sent to the probation officer and BMV.  Devices may cost between $200 and $300 to install, and between $100 and $200 per month to maintain.  Required on any vehicle you drive, except for an employer's vehicle.  Interlock violations can result in extending the suspension and imposition of a CAM/SCRAM (i.e., ankle bracelet) and jail time.

 

DIP (Drivers Intervention Program):  Typically a 3-day course, often held at a hotel, that involves seminars on topics such as substance abuse.  The cost of such programs is approximately $350 to $475, and during the 3-days you may not leave the location of the training.

 

HAEM: House arrest with electronic monitoring. To be eligible, court must issue finding of lack of jail space within 60 days.  Also referred to as EMHA (Electronic Monitoring House Arrest).  Costs vary, but the installation fee can be about $175 with a daily cost of between $10 and $20.

 

CAM: Continuous alcohol monitoring.  To be eligible, court must issue finding of lack of jail space within 60 days.  Also referred to as SCRAM (Secure Continuous Remote Alcohol Monitoring).  Costs vary, but the installation fee can be about $175 with a daily cost of between $10 and $20.

 

Forfeiture: If you were driving your vehicle, you will lose it.  If you transfer title before convicted, you may be fined for the value of the vehicle.

 

CDL (Commercial Driver's License):  1st Conviction results in 1 year suspension of CDL, and 2nd results in lifetime suspension of CDL.

OUR RECENT CASES/NEWS

Refusal OVI Charges Dismissed: OVI dismissed in exchange for a non-moving violation with no jail, no drivers intervention program (DIP), and no license suspension. (Canton Municipal Court 8/28/2017)

OVI Charges Dismissed: Negotiations with the prosecutor lead to a dismissal of all OVI charges, with our client receiving only a $50.00 fine for a traffic violation. (Rocky River Municipal Court 8/7/2017)

Second Refusal OVI Dismissed: OVI charges dismissed in exchange for a reckless op plea, getting our client back to driving. (Sandusky Municipal Court 8/7/2017)

Sobriety Checkpoint OVI Dismissed: After challenging the Constitutionality of a sobriety checkpoint, the court agreed to dismiss OVI charges. (Elyria Municipal Court 7/19/2017)

OVI Charges Based on Anonymous Tip Dismissed: After asserting that a traffic stop based on an anonymous tip was an illegal search and seizure, the court agreed to dismiss OVI charges. (Mentor Municipal Court 7/19/2017)

OVI Refusal Charges Dismissed: Despite charges of an OVI refusal, negotiations with the prosecutor resulted in a dismissal of the charge in exchange for a reckless op plea, saving our client from a years license suspension. (Bellevue Municipal Court 6/20/2017)

Hit and Skip Charges Dismissed: On the day of trial, the prosecutor agreed to dismiss hit and skip charges, leaving only a $75.00 fine for assured clear distance. (Rocky River Muni. 5/16/017)

OVI Charges Dismissed: On the back of our suppression motion, OVI charges were dismissed in exchange for a non-moving violation. (Willoughby Muni. 5/16/2017)

Suppression Motion Leads to Complete Dismissal of OVI: After raising several issues with respect to failures in the state's alcohol testing process, the court agreed to dismiss all OVI charges leaving only a minor traffic light ticket. (Painesville Muni. 5/2/2017)

OVI Charges Dismissed: Another strong suppression motion led to a dismissal of OVI charges and reduction to a non-moving traffic violation, avoiding any jailtime and vacating the administrative license suspension. (Vermilion Muni. 4/11/2017)

OVI Charges Dismissed: A suppression motion pointing out issues with the State's case lead to an agreement to dismiss OVI charges and accept a lesser charge with zero jail time and dismissal of the license suspension, saving our client his job. (Bedford Muni. 4/10/2017)

OVI Charges Dismissed: Despite an officer's claim that he detected an odor of alcohol, slurred speech, an admission of drinking, and failed field sobriety tests; we raised substantial issues in a suppression motion that helped us obtain a dismissal of the OVI charges in exchange for a plea to a non-moving violation without any mandatory minimums. (Lyndhurst Muni. 3/27/2017)

2nd Lifetime OVI Charge with Refusal Dismissed: Obtained a dimissal of an OVI despite a prior OVI conviction, and despite a refusal, after strategic discussions regarding weaknesses in the State's case led the prosecutor to agree to a reduced reckless op. (Huron Muni. 2/28/2017)

OVI Charges Dismissed: Obtained a dismissal of an OVI, protecting our client from a record, suspension and jail time. Our client was happy we obtained a reduced reckless op plea, protecting their medical career. (Shaker Heights Muni. 2/27/2017)

Penalties for a Second OVI/DUI In 10 Years

A. Low Level:

 

  • Minimum Incarceration:  (a) 10 days of jail or (b) 5 days of jail and 18 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 6 months
  • Probation up to 5 years
  • Fine from $525 up to $1,625
  • Mandatory alcohol/drug assessment and recommended treatment
  • License suspension of 1 to 7 years.  No driving privileges during first 45 days (90 if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • 90 Day immobilization of vehicle if registered to defendant.
  • 6 points assessed to driving record

 

B. High Level or Refusal with an OVI conviction within the past 20 years:

 

  • Minimum Incarceration:  (a) 20 days of jail or (b) 10 days of jail and 36 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 6 months
  • Probation up to 5 years
  • Fine from $525 up to $1,625
  • Mandatory alcohol/drug assessment and recommended treatment
  • License suspension of 1 to 7 years.  No driving privileged during first 45 days (90 if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • 90 Day immobilization of vehicle if registered to defendant.
  • 6 points assessed to driving record

Penalties for a Third OVI/DUI In 10 Years

A. Low Level:  

 

  • Minimum Incarceration:  (a) 30 days of jail or (b) 15 days of jail and 55 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 1 year
  • Probation up to 5 years
  • Fine from $850 up to $2,750
  • Mandatory alcohol/drug addiction program
  • License suspension of 2 to 12 years.  No driving privileges during first 180 days (1 year if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • Forfeiture of vehicle if registered to defendant.
  • 6 points assessed to driving record

 

B. High Level or Refusal with an OVI conviction within the past 20 years:

 

  • Minimum Incarceration:  (a) 60 days of jail or (b) 30 days of jail and 110 days of house arrest with electronic monitoring and/or continuous alcohol monitoring
  • Maximum Incarceration: 1 year
  • Probation up to 5 years
  • Fine from $850 up to $2,750
  • Mandatory alcohol/drug addiction program
  • License suspension of 2 to 12 years.  No driving privileges during first 180 days (1 year if a refusal)
  • License Reinstatement Fee of $475.00
  • Restricted Plates Required
  • Interlock required if alcohol related OVI.
  • Forfeiture of vehicle if registered to defendant.
  • 6 points assessed to driving record

Penalties for a Fourth OVI/DUI In 10 Years

Become felony charges

Other Consequences

In addition to the penalties imposed by the court and the BMV, an OVI conviction may make it illegal to travel to Canada, may increase auto insurance rates, and may make it difficult to find future employment.  OVI convictions cannot be expunged or sealed.

Expertise - Best DUI Lawyers in Cleveland

 

Sivinski Law Offices, ltd.

Suite 215

20545 Center Ridge Rd.

Rocky River, OH 44116

Phone: 800-641-1970

Fax: 855-241-0700

contact@sshllc.com

 

https://SivinskiLegal.com

 

Satellite Office Locations:

    Huron, Ohio

    Port Clinton, Ohio

    South Euclid, Ohio

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Sivinski Law Offices, ltd provides legal services throughout Ohio, from Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Strongsville, Garfield Heights, Euclid, Medina, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Lucas, Portage, Sandusky, Seneca, Huron, Medina, Summit, Portage, Geauga County, Lake, Ashtabula.

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Updated September 2017

Copyright 2015 - 2017 Brian J. Smith, All rights reserved.

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Expertise - Best DUI Lawyers in Cleveland
DUI Defense Lawyers Association
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
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John Sivinski Top Attorney
Expertise - Best DUI Lawyers in Cleveland
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys
Expertise - Best DUI Lawyers in Cleveland
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys