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.
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 Ohio OVI/DUI defense lawyer.
Understanding the Basis of the Ohio OVI Penalties Chart
The state sentencing guidelines base the severity of OVI penalties on your OVI-related criminal history. Potential criminal penalties also increase if:
- You refused a blood alcohol concentration (BAC) test, or
- Your BAC level tested at 0.17 or above (known as a high-tier offense).
Other factors can affect the severity of your penalties, and in many cases, the court has discretion as to how to impose penalties on a case-by-case basis.
OHIO OVI PENALTIES CHART FAQ
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 $375 to $1,075 | 1 to 3 years (15-day minimum) | 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 $525 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 $850 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 $375 to $1,075 | 1 to 3 years (15-day minimum) | 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 $525 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 $850 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 $375 to $1,075 | 1 to 3 years (15-day minimum) | 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 $525 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 $850 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 $375 to $1,075 | 1 to 3 years (15-day minimum) | 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 $525 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 $850 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 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 $375 to $1,075
- License suspension of 1 to 3 years (15-day minimum)
- 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 $525 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 $850 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 $375 to $1,075
- License suspension of 1 to 3 years (15-day minimum)
- 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 $525 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 $850 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 $375 to $1,075
- License suspension of 1 to 3 years (15-day minimum)
- 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 $525 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 $850 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
Refused BAC Testing (With a Prior Refusal Within 20 Years)
First Offense:
- 6 to 180 days in jail (DIP at judge’s discretion)
- Monetary fine of $375 to $1,075
- License suspension of 1 to 3 years (15-day minimum)
- 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 $525 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 $850 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?
Despite the severe penalties that Ohio imposes for OVI convictions, an experienced criminal defense attorney can identify potential defense strategies that can help.Some of the possible defense options include:
- Lack of reasonable suspicion for making a traffic stop,
- Lack of probable cause for making an arrest,
- Flaws in chemical testing for BAC, and
- Improper handling or processing of evidence.
To determine the best possible strategy for your defense, consider talking to an OVI lawyer as soon as possible.
OHIO OVI PENALTIES CHART FAQ
When Should You Contact an Ohio OVI Lawyer?
If you have been arrested for impaired driving in Ohio, contact a DUI/OVI 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 a Criminal Defense Lawyer at Gounaris Abboud Today
Gounaris Abboud, LPA, 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.
Nicholas Gounaris
Mr. Gounaris is able to understand legal issues from many different vantage points and that experience has proved invaluable in assisting his clients. Mr. Gounaris regularly represents clients in Montgomery, Greene, Miami, Preble, and Warren Counties as well as in the Federal Courts located in the Southern District of Ohio and throughout the United States. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI Defense, Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.
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