Ohio OVI Penalties Chart

The penalties for OVI (operating a vehicle under the influence), as defined in the Ohio Revised Code, are a common source of confusion.

An Ohio OVI penalties chart (like the one below) makes it easier to determine what you may face upon conviction for OVI.

Ohio takes drinking and driving very seriously, as reflected in the harsh penalties that accompany OVI charges. Many people wonder, “Is an OVI a felony in Ohio?” The answer depends on your prior offenses and the circumstances of your arrest — in some cases, an OVI can rise to the level of a felony.

To further complicate this issue, you face both criminal charges and driver license suspension.

The best way to understand what the different OVI penalties are and how they could affect you is to talk to a knowledgeable Dayton OVI defense lawyer.

If you’re ready to start your OVI defense, contact the experienced team at Gounaris Abboud today.

When Can You Be Charged with DUI/OVI in Ohio?

In Ohio, drunk and drugged drivers are criminally charged with the crime of operating a vehicle while impaired (OVI), which typically leads to criminal and administrative penalties, including time behind bars, a license suspension, and fines. In addition to serious criminal and administrative penalties, convicted drivers also face consequences to their lives and livelihoods.

In order to charge a driver with OVI in Ohio, one or more of the following conditions must be met:

• Driver has a blood alcohol content of .08% or more (.02% for underage drivers);
• Driver operated a vehicle while impaired by drugs, alcohol, or both;
• Driver has a certain amount of a controlled substance in their blood.

When the charge is based on a chemical test, such as a BAC test, the official charge becomes per se OVI. This means that the impairment is automatically assumed based on the blood test and does not need to be proved otherwise. Without a BAC or urine test, the prosecutor is required to demonstrate beyond a reasonable doubt that a driver was driving their vehicle while impaired.
A per se OVI may also be charged when a person’s blood or urine content reveals threshold amounts of various controlled substances.

The following list contains the urine and blood thresholds of some common drugs found in Ohio.

Additionally, under House Bill 37 (Liv’s Law), which took effect in Ohio on April 9, 2025, law enforcement is now permitted to use mouth swabs to collect oral fluid samples for detecting recent drug use. While this method doesn’t indicate impairment, it may be subject to legal challenges. If you are charged with OVI at any level, you should quickly reach out to an experienced OVI lawyer for representation.

What Are Collateral Consequences for OVI Charges?

Collateral consequences are repercussions that extend beyond the consequences of the law.

For an OVI conviction, they may include:

• Employment consequences: An OVI conviction can lead to significant job problems, most notably in fields where driving is essential or required;
• Professional license issues: In some professions, a DUI can be grounds for denial of a license;
• Insurance problems: With an OVI, you should expect to pay higher premiums for auto insurance coverage;
• Child custody issues: An OVI conviction can be used against you in a child custody hearing as evidence of being an unfit parent;
• Immigration status: You could be looking at problems with your immigration paperwork if you are not a citizen;
• Social stigma: Although many people drink and drive, the social stigma surrounding the crime is heavy and may be isolating;
• Education issues: In some cases, it may be difficult or even impossible to enter a program of study with a criminal record;
• Firearms possession: With multiple OVI convictions or OVI with bodily injury or death, you will lose your right to bear arms;
• Professional associations: Criminal behavior is often an automatic disqualification for membership;
• Housing issues: With a simple criminal background check, a landlord can discover your criminal record and deny your application;
• Financial impacts: OVI charges are just plain expenses. With the court costs, fines, and lawyers’ fees, you are looking at a small fortune in some instances.

Contact an attorney for help immediately to avoid these consequences.

What Are the Specific Penalties for Each OVI Offense?

Ohio OVI Penalties Chart (Arrested w/ No BAC Testing)

No. of Offense	Jail Time	Maximum Fines	License Suspension	Restricted Plates	Interlock	Alcohol Assessment/ Monitoring	Vehicle Immobilization/ Forfeiture
1st Offense	3 to 180 days in jail (DIP at judge’s discretion)	Monetary fine of $565 to $1,075	1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock	DUI “Party Plates” (court’s discretion)	Ignition interlock (court’s discretion)	Alcohol assessment (court’s discretion)	N/A
2nd Offense	10 to 180 days in jail	Monetary fine of $715 to $1,625	1 to 7 years (45-day minimum)	DUI “Party Plates” (court’s discretion)	Ignition interlock (mandatory)	Alcohol assessment (mandatory)	Vehicle immobilization 90 days
3rd Offense	30 days to one year in jail	Monetary fine of $1,040 to $2,750	2 to 12 years (6-month minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture
4th Offense/ Priors	60 days to 36 months in jail or prison	Monetary fine of $1,350 to $10,500	3 years to lifetime (3-year minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture

Ohio OVI Penalties Chart (Failed BAC Testing 0.08 to 0.169)

No. of Offense	Jail Time	Maximum Fines	License Suspension	Restricted Plates	Interlock	Alcohol Assessment/ Monitoring	Vehicle Immobilization/ Forfeiture
1st Offense	3 to 180 days in jail (DIP at judge’s discretion)	Monetary fine of $565 to $1,075	1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock	DUI “Party Plates” (court’s discretion)	Ignition interlock (court’s discretion)	Alcohol assessment (court’s discretion)	N/A
2nd Offense	10 to 180 days in jail	Monetary fine of $715 to $1,625	1 to 7 years (45-day minimum)	DUI “Party Plates” (court’s discretion)	Ignition interlock (mandatory)	Alcohol assessment (mandatory)	Vehicle immobilization 90 days
3rd Offense	30 days to one year in jail	Monetary fine of $1,040 to $2,750	2 to 12 years (6-month minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture
4th Offense/ Priors	60 days to 30 months in jail or prison	Monetary fine of $1,350 to $10,500	3 years to lifetime (3-year minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture

Ohio OVI Penalties Chart (Failed BAC Testing 0.17 and Up)

No. of Offense	Jail Time	Maximum Fines	License Suspension	Restricted Plates	Interlock	Alcohol Assessment/ Monitoring	Vehicle Immobilization/ Forfeiture
1st Offense	6 to 180 days in jail (DIP at judge’s discretion)	Monetary fine of $565 to $1,075	1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock	DUI “Party Plates” (mandatory)	Ignition interlock (court’s discretion)	Alcohol assessment (court’s discretion)	N/A
2nd Offense	20 to 180 days in jail	Monetary fine of $715 to $1,625	1 to 7 years (45-day minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory)	Vehicle immobilization 90 days
3rd Offense	60 days to one year in jail	Monetary fine of $1,040 to $2,750	2 to 12 years (6-month minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture
4th Offense/ Priors	120 days to 30 months in jail or prison	Monetary fine of $1,350 to $10,500	2 years to lifetime (3-year minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture

Ohio OVI Penalties Chart (With Prior Refusal Within 20 Years)

No. of Offense	Jail Time	Maximum Fines	License Suspension	Restricted Plates	Interlock	Alcohol Assessment/ Monitoring	Vehicle Immobilization/ Forfeiture
1st Offense	6 to 180 days in jail (DIP at judge’s discretion)	Monetary fine of $565 to $1,075	1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock	DUI “Party Plates” (court’s discretion)	Ignition interlock (court’s discretion)	Alcohol assessment (court’s discretion)	N/A
2nd Offense	20 to 180 days in jail	Monetary fine of $715 to $1,625	1 to 7 years (45-day minimum)	DUI “Party Plates” (court’s discretion)	Ignition interlock (mandatory)	Alcohol assessment (mandatory)	Vehicle immobilization 90 days
3rd Offense	60 days to one year in jail	Monetary fine of $1,040 to $2,750	2 to 12 years (6-month minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture
4th Offense/ Priors	120 days to 30 months in jail or prison	Monetary fine of $1,350 to $10,500	2 years to lifetime (3-year minimum)	DUI “Party Plates” (mandatory)	Ignition interlock (mandatory)	Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges)	Vehicle immobilization 90 days Vehicle subject to forfeiture

When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd-degree felony, depending on the circumstances of your OVI-related arrest and your prior criminal history.

Upon conviction of a criminal OVI charge, you face potential penalties that include:

• Jail or prison time,
• Substantial fines,
• Driver license suspension,
• Probation,
• Ignition interlock device installation,
• Red/yellow DUI “Party Plates,”
• Use of an alcohol monitoring device, and
• Alcohol assessment and treatment.

In the following Ohio OVI chart, DIP refers to the Certified 72-Hour Driver’s Intervention Program. DIP is a three-day onsite (stay-over) educational program designed as a potential alternative to mandatory jail sentences.

For some offenders, judges have the option of allowing them to attend a DIP program. However, attendance must be paid by the defendant out-of-pocket (upwards of $500 or more, if they don’t prefer to share a room with another attendee).

Finally, the court may have the option to impose house arrest for a portion of any Ohio OVI penalties involving jail or prison time.

OHIO OVI PENALTIES CHART FAQ

Arrest with No BAC Testing

First Offense:

• 3 to 180 days in jail (DIP at judge’s discretion)
• Monetary fine of $565 to $1,075
• License suspension of 1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock.
• DUI “Party Plates” (court’s discretion)
• Ignition interlock (court’s discretion)
• Alcohol assessment (court’s discretion)

Second Offense:

• 10 to 180 days in jail
•  Monetary fine of $715 to $1,625
•  License suspension of 1 to 7 years (45-day minimum)
•  Ignition interlock (mandatory)
•  Alcohol assessment (mandatory)
•  Vehicle immobilization 90 days
•  DUI “Party Plates” (court’s discretion)

Third Offense:

• 30 days to one year in jail
• Monetary fine of $1,040 to $2,750
• License suspension of 2 to 12 years (6-month minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

Fourth Offense:

• 60 days to 30 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 3 years to lifetime (3-year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

Prior Felony:

• 60 days to 36 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 3 years to lifetime (3-year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

OHIO OVI PENALTIES CHART FAQ

Failed BAC Testing 0.08 to 0.169

First Offense:

• 3 to 180 days in jail (DIP at judge’s discretion)
• Monetary fine of $565 to $1,075
•  License suspension of 1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock.
•  DUI “Party Plates” (court’s discretion)
•  Ignition interlock (court’s discretion)
•  Alcohol assessment (court’s discretion)

Second Offense:

• 10 to 180 days in jail
• Monetary fine of $715 to $1,625
•  License suspension of 1 to 7 years (45-day minimum)
•  Ignition interlock (mandatory)
•  Alcohol assessment (mandatory)
•  Vehicle mobilization 90 days
•  DUI “Party Plates” (court’s discretion)

Third Offense:

• 30 days to one year in jail
• Monetary fine of $1,040 to $2,750
• License suspension of 2 to 12 years (6-month minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

Fourth Offense:

• 60 days to 30 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 3 years to lifetime (3-year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

Prior Felony:

• 60 days to 36 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 3 years to lifetime (3-year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

OHIO OVI PENALTIES CHART FAQ

Failed BAC Testing 0.17 or Above

First Offense:

• 6 to 180 days in jail (DIP at judge’s discretion)
• Monetary fine of $565 to $1,075
• License suspension of 1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock.
• DUI “Party Plates” (mandatory)
• Ignition interlock (court’s discretion)
• Alcohol assessment (court’s discretion)

Second Offense:

• 20 to 180 days in jail
• Monetary fine of $715 to $1,625
• License suspension of 1 to 7 years (45-day minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• DUI “Party Plates” (mandatory)
• Vehicle immobilization 90 days

Third Offense:

• 60 days to one year in jail
•  Monetary fine of $1,040 to $2,750
•  License suspension of 2 to 12 years (6-month minimum)
•  Ignition interlock (mandatory)
•  Alcohol assessment (mandatory)
•  Vehicle immobilization 90 days
•  Vehicle subject to forfeiture
•  DUI “Party Plates” (mandatory)
•  Alcohol monitoring (mandatory with driving privileges)

Fourth Offense:

• 120 days to 30 months in jail or prison
•  Monetary fine of $1,350 to $10,500
•  License suspension of 2 years to lifetime (3-year minimum)
•  Ignition interlock (mandatory)
•  Alcohol assessment (mandatory)
•  Vehicle immobilization 90 days
•  Vehicle subject to forfeiture
•  DUI “Party Plates” (mandatory)
•  Alcohol monitoring (mandatory with driving privileges)

Prior Felony:

• 120 days to 36 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 3 years to lifetime (3-year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

OHIO OVI PENALTIES CHART FAQ

Penalties for Refusing a Chemical Test

First Offense:

• 6 to 180 days in jail (DIP at judge’s discretion)
• Monetary fine of $565 to $1,075
• License suspension of 1 to 3 years. 15-day suspension may be waived if no prior physical control & test taken; otherwise, 45-day no privileges + interlock.
• DUI “Party Plates” (court’s discretion)
• Ignition interlock (court’s discretion)
• Alcohol assessment (court’s discretion)

Second Offense:

• 20 to 180 days in jail
• Monetary fine of $715 to $1,625
• License suspension of 1 to 7 years (45-day minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• DUI “Party Plates” (court’s discretion)

Third Offense:

• 60 days to one year in jail
• Monetary fine of $1,040 to $2,750
• License suspension of 2 to 12 years (6-month minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

Fourth Offense:

• 120 days to 30 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 2 years to lifetime (3 year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

Prior Felony:

• 60 days to 36 months in jail or prison
• Monetary fine of $1,350 to $10,500
• License suspension of 3 years to lifetime (3 year minimum)
• Ignition interlock (mandatory)
• Alcohol assessment (mandatory)
• Vehicle immobilization 90 days
• Vehicle subject to forfeiture
• DUI “Party Plates” (mandatory)
• Alcohol monitoring (mandatory with driving privileges)

The nature of Ohio’s OVI penalties allows the court to impose even harsher sentences for felony charges or if you previously had five OVIs in the past 20 years.

OHIO OVI PENALTIES CHART FAQ

What Are the Options for OVI Defenses?

As soon as you contact an attorney, they will immediately get to work on crafting a defense or defenses to your charge. These defenses could result in a reduction in charges or even a dismissal of your cases.

• Challenging the legality of the traffic stop: Your lawyer will scrutinize every aspect of your traffic stop to determine whether the police had just cause and if they executed the stop according to the law;
• Field sobriety test issues: Field sobriety tests are suspect at best. Even the most innocent trip or slip can lead to a DUI. With an attorney representing you, you can expect them to attack the validity of the field sobriety test in your case;
• Breathalyzer or blood test concerns: Test results are only as reliable as the actual tests themselves. If the breathalyzer or other tests used in your case were compromised or weren’t functioning properly, your attorney will find out;
• Rising blood alcohol content (BAC): Your attorney can potentially argue that your BAC was below the legal limit while you were driving but increased after arrest when the test was administered;
• Medical conditions or medications: If you are on medication, it may cause you to appear to be under the influence when you are not;
• Chain of custody: Your lawyer will follow the chain of custody for your blood or urine sample to ensure that there is no chance that the sample was contaminated or tampered with;
• Improper arrest procedures: If your OVI arrest was not carried out correctly, you could have a strong defense;
• Necessity or emergency: A medical or other type of emergency in certain circumstances can potentially free you from liability;
• No probable cause: Your OVI lawyer will make sure that the arresting officer had probable cause to effectuate the arrest;
• Constitutional violations: The existence of any Constitutional violations, such as search and seizure or self-incrimination violations, can lead to vital evidence being excluded in your case.

Consulting with an experienced OVI defense attorney is crucial to determining the best defense strategy for your situation.

When Should You Contact an Ohio OVI Lawyer?

If you have been arrested for impaired driving in Ohio, contact a DUI defense lawyer immediately.

The sooner your attorney can get to work on your case, the better. Many aspects of the criminal and administrative processes require immediate attention.

Otherwise, you could face penalties without the opportunity to fight your charges or license suspension.

From the time of your arrest for DUI/OVI, you have only 30 days to formally appeal your driver license suspension through BMV.

If you do not submit a request for an administrative license suspension (ALS) hearing, BMV will suspend your license and you will have no recourse to contest the suspension.

Contact an Ohio Criminal Defense Lawyer at Gounaris Abboud Today

Gounaris Abboud provides high-quality, dedicated representation to Ohio clients facing OVI charges. We would be happy to discuss your case with you or answer any questions you might have on our Ohio OVI penalties chart. Call 937-222-1515 or contact us today to schedule your consultation with one of our experienced Ohio OVI defense lawyers.