
Intoxicated driving is one of the most common criminal charges in Ohio. The Ohio State Highway Patrol reports that 19,008 people were arrested on OVI charges in the state in 2018 alone. No matter the specific circumstances, an OVI charge is always a serious matter. Even a first-time OVI conviction could result in a defendant facing severe penalties. Here, our Dayton OVI lawyers give an overview of the Ohio OVI laws. We will also explain what to expect if you are facing a first-time intoxicated driving offense. DUI charges in Dayton are heard in the Dayton Municipal Court at 301 West Third Street, Dayton, Ohio. For a free consultation, please call (937) 872-4166 or fill out our online form today. OVI Ohio First Offense: What Am I Facing? Under Ohio law (Ohio Revised Code § 4511.19), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. Ohio has graduated penalties for OVI offenses. This means a defendant will face worse penalties with each intoxicated driving offense. Still, a first-time OVI is not a minor issue. For a first-time OVI, you will face both criminal and administrative penalties. Let’s take a look at some of the penalties you might face. Criminal Ohio OVI Penalties for a First-Time Offender Ohio OVI first-offense penalties will vary depending on your blood alcohol concentration (BAC) level when you are arrested and processed. If you are convicted for a first-offense OVI in Ohio with a BAC above 0.08% but below 0.17%, it is punishable by the following: Following a conviction, you also face up to three years of driver’s license suspension. If you are convicted of your first OVI in Ohio, but your BAC is above 0.17%, it is punishable by: Two of these penalties require additional explanation. Yellow license plates, officially called “restricted license plates” and colloquially called “party plates” in Ohio, alert the public and police officers of your OVI. Judges must require everyone convicted of a high alcohol OVI to have yellow plates on their cars if they receive limited driving privileges. These privileges get granted when your license suspension prevents you from going to work, school, or other necessary destinations. An ignition interlock device is a breath test connected to your car’s ignition. The IID prevents your car from starting unless you blow into it and pass an alcohol test. The IID might also require random retests while you drive to keep the vehicle running. Judges will require an ignition interlock device when granting limited driving privileges during your license suspension period. Although the IID may allow the engine to start with a blood-alcohol level up to 0.02%, it records your tests. You might violate the terms of your limited driving privileges if you try to drive after drinking alcohol. You can also face these enhanced penalties for a first offense with a BAC below 0.17% but accompanied by a refusal to submit to a breathalyzer charge. Whether you blew a 0.08% or 0.17%, a first DUI in Ohio has the potential for steep consequences that will undoubtedly impact your life. Hiring a knowledgeable and skilled DUI defense attorney is your best defense at beating the charges. Administrative Penalties: Your License Will Be Automatically Suspended — Unless You Act If you get charged with a drunk driving offense in Ohio, your license will be suspended before you get a hearing on your case. An administrative license suspension (ALS) is imposed by the Ohio Bureau of Motor Vehicles, separate and in addition to any license suspensions imposed by the criminal court judge as a part of an OVI sentencing. You might be thinking, Can I face an ALS for a first-offense OVI? And it might surprise you to learn that you can face an ALS for a first-offense OVI if you refuse to submit to a breathalyzer or blood test. An ALS is immediately imposed if you refuse a chemical test or the test result shows a BAC that exceeds the legal limit. A refusal to submit to a chemical test will result in a 12-month suspension, and if the test result shows you are over the legal limit, it will result in a 90-day suspension. You can take action to stop this. Contact an experienced OVI Ohio defense lawyer after your drunk driving arrest. You have 30 days to request a hearing to challenge the automatic suspension. Overview of Penalties for a First-Time OVI Charge in Ohio Penalty First OVI with a “Low” BAC First OVI with a “High” BAC First OVI with a “Refusal” Fines $375 to $1,075 $375 to $1,075 $375 to $1,075 License Suspension 6 months to 3 years 1 year to 3 years 1 year to 5 years Jail Time 3 days to 180 days 6 days to 180 days or 3-day DIP and 3 days jail 3 days to 180 days or 3-day DIP and 3 days jail Points on License 6 points 6 points 6 points Ignition Interlock Device May be required Required Required Alcohol/Drug Treatment May be required May be required May be required Community Service May be required May be required May be required Restricted Plates Not required May be required May be required Vehicle Immobilization Not required Not required May be required Note: Other Collateral Consequences of Even a First-OVI Conviction Driving while intoxicated is deeply frowned upon by most of society. A conviction will carry a negative stigma that may impact your relationship and reputation among your relatives, friends, co-workers, and peers. In addition to the above statutory penalties for a first offense, you also face the following: Of these, the criminal record has the most serious long-term effects. Your OVI could show up on any check of your criminal background or driving record. Thus, a landlord might find out about your OVI in a background check and refuse to rent a home or office to you. More importantly, you might have a legal duty to affirmatively report a conviction. For example, if you have a professional...
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