When Is an OVI a Second Offense?
A second offense DUI/OVI occurs when you’re charged again within a specific time frame, according to Ohio Revised Code §4511.19.
A second OVI applies if:
- You were convicted of OVI within the last 10 years;
- You had a previous OVI charge reduced within the last 10 years; or
- You were convicted of an OVI-related offense, such as hit-and-run, during that timeframe.
For felony OVI convictions, no look-back limitation applies.
The Penalties for a 2nd OVI / DUI in Ohio
Ohio’s legal system can sometimes be relatively lenient toward first-time OVI offenders. However, if you’re charged with a second OVI, you will face increased penalties, including a mandatory jail sentence, both criminal and administrative license suspensions, and thousands of dollars in fines.
| Penalties |
2nd OVI in Ten Years (BAC .08% – .17%) |
2nd OVI in Ten Years (BAC .17% or Higher) |
Second OVI Test Refusal |
| Jail Time |
Mandatory minimum of 10 consecutive days to Max 180 days |
Mandatory minimum of 20 days |
At least 20 days |
| Fines |
Minimum: $525 to $1625 + Court Costs |
Minimum: $525 to $1625 + Court Costs |
Minimum: $525 to $1625 + Court Costs |
| Driver’s License Suspension |
One year minimum to 7-year maximum suspension & Reinstatement Fee: $475 |
One year minimum to 7-year maximum suspension & Reinstatement Fee: $475 |
License suspension varies based on past offenses |
| Driving Privileges |
Wait Time: 45 days with Interlock device & special plates. |
Wait Time: 45 days with Interlock device & special plates. |
License suspension varies based on past offenses |
| Vehicle Immobilization |
90 days (if titled to you) + initial impoundment & relocation |
90 days (if titled to you) + initial impoundment & relocation |
– |
| Additional Penalties |
Higher for test refusal and prior DUI/OVI within 20 years |
Higher for test refusal and prior DUI/OVI within 20 years |
– |
| License Points |
6 points |
6 points |
6 points |
| Probation |
Likely, with required alcohol assessment |
Likely, with required alcohol assessment |
Likely, with required alcohol assessment |
*This table is provided for informational purposes only and may not encompass all possible legal outcomes or penalties. It is always recommended to consult with a legal professional to understand individual rights and potential consequences.
Collateral Consequences of a 2nd OVI Conviction
A second OVI conviction in Ohio can affect your life long after your case ends. The impact often extends far beyond court penalties:
- Permanent criminal record: Cannot be sealed or expunged; appears on background checks.
- Employment and professional license risks: May limit job opportunities and risk professional licenses.
- Insurance costs: Expect major premium increases or policy cancellation.
- Travel restrictions: Some countries, such as Canada, may deny entry after multiple OVI convictions.
- Reputation & relationships damage: A conviction can cause lasting social and personal consequences.
What Not to Do After Your 2nd DUI in Ohio
We understand the overwhelming nature of a 2nd DUI charge. Try to remain as calm as you can and remember that legal help is available.
To aid your defense and protect your rights, hire our experienced criminal defense attorneys and be sure that you do not:
- Speak to the police without your experienced dayton DUI attorney present;
- Admit to guilt to anyone;
- Miss court dates or appointments with our second DUI lawyer;
- Violate any federal or state DUI laws.
We strongly suggest you follow the advice above and contact Gounaris Abboud. We will protect your rights and fight for your future.
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