What You Should Know about OVI Penalties for First-Time Offenders

What are the financial sanctions for a first-time OVI conviction?
If you plead guilty or are convicted of a first OVI (operating a vehicle under the influence) offense, the judge may fine you a minimum of $375 and a maximum of $1,075. In addition, you will have to pay a driver’s license reinstatement fee of $475. Finally, if the judge sentences you to attend a Driver Intervention Program, there will be a cost associated with that program as well.

Might I go to jail if I am convicted of a first OVI offense?
If you are convicted of being impaired or testing between a .08 and .17 BAC (blood or breath alcohol content), the judge may sentence you to three days in jail or three days in a Driver Intervention Program. A Driver Intervention Program is a 72-hour drug and/or alcohol treatment program that has been approved by the court.

If you are convicted of testing above a .17 BAC or refusing a breath test while having a prior OVI conviction in the past 20 years, the judge may sentence you to six days in jail or three days in jail and three days in a Driver Intervention Program.

How will my driver’s license be affected if I am convicted of a first OVI offense?
A judge will issue a Class Five license suspension upon your conviction for a first-time OVI offense. A Class Five suspension can range anywhere from six months to three years. However, you will be eligible for occupational driving privileges 15 days from the date of your arrest. Occupational driving privileges may include travel to and from school if you are a student.

If you are convicted of having a BAC above .17, the judge may require you to install yellow license plates on your car or to have an interlock device installed in your vehicle before driving privileges will be granted. An “interlock” requires you to blow into a device on your steering wheel to ensure that you have not consumed alcohol before starting your vehicle.

In Ohio, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are grouped under the umbrella heading of Operating a Vehicle under the Influence (OVI).

Ohio OVI and OVAUC Defined

Whether you are charged with an OVI or a OVAUC is dependent upon on your age. If you are under 21 years old and found driving with a BAC above the legal limit you will be charged with Operating a Vehicle After Underage Consumption (OVAUC). Those over the legal drinking age of 21 years old, and CDL drivers, who drive with a BAC over the legal limit are charged with Operating the Vehicle Impaired (OVI).

You can be charged with an OVI or OVAUC if your minimum BAC is: 

• 21 years old or older - 0.08%.
• Driving a commercial motor vehicle - 0.04%.
• Younger than 21 years old - 0.02%.

Chemical Testing

Unlike many other states Ohio has additional rules for chemical testing. This not only covers blood and urine testing but also portable breath testing devices known as PBTs. In Ohio you can legally refuse a chemical test and/or opt to pay for one of your own. There are also some circumstances in which you cannot refuse a chemical test.

In order to understand the different laws we encourage you to read the Ohio Department of Public Safety OVI Interdiction Handbook.

OVI and OVAUC Penalties

Penalties for OVI or OVAUC are steep. Not only will you have to face criminal charges but you will also have to deal with penalties given by the Bureau of Motor Vehicles (BMV). These penalties are known as Administrative License Suspensions or ALS. These penalties are separate from any charges.

Administrative Penalties

Under ALS laws your license can be suspended by law enforcement on behalf of the BMV if you fail or refuse a chemical test. The suspension periods are different depending on whether you refused a test or failed a test and were charged with a OVI or OVAUC:

OVI
In addition to the suspension you will have a minimum of 6 points applied to your license.

• 1st offense driver's license suspension: 90 days.
• 2nd offense (within 6 years) driver's license suspension: 1 year.
• 3rd offense (within 6 years) driver's license suspension: 2 years.
• 4th offense (within 6 years) driver's license suspension: 3 years.

OVAC
In addition to the suspension you will have a minimum of 4 points applied to your license.

• 1st offense driver's license suspension: mandatory minimum 90 days up to 5 years.

Refuse Test
In addition to the suspension you will have a minimum of 6 points applied to your license.

• 1st offense driver's license suspension: 1 year.
• 2nd offense (within 6 years) driver's license suspension: 2 years.
• 3rd offense (within 6 years) driver's license suspension: 3 years.
• 4th offense (within 6 years) driver's license suspension: 5 years.

Number of offenses for refusal can have any previous charges within 6 years be for either previous refusals, OVI charges or a combination of both.

If you choose, you can appeal your ALS suspension. You must do so at your first appearance in court or within 30 days of your first appearance. If you appeal the prosecuting attorney in this jurisdiction will act on behalf of the BMV. You'll have to prove at least one of the following:

• The officer did not have reasonable grounds of suspecting OVI.
• The officer did not request that you take the blood alcohol test.
• The officer did not tell you the consequences of refusing or failing the test.
• You did not refuse or fail the test.

Keep in mind that even if you prove any of these, the court may still suspend your license if it is deemed that you are a threat to public safety. 

Criminal Penalties

If you are found guilty of an OVI offense you can face jail time, heavy fines, court ordered substance assessment and extended license suspension. For each OVI offense within a period of 6 years the penalties increase dramatically.

1st Offense with a BAC between 0.08% and 0.17%:

• Mandatory imprisonment: 72 hours OR court ordered driver intervention program.
• Fine: $375 to $1,075.
• License suspension: 6 months to 3 years (Possibility of restricted driving privileges).
   

2nd offense within 6 years with a BAC between 0.08% and 0.17%:

• Imprisonment: Mandatory minimum 10 days to maximum of under 6 months or combination house arrest with alcohol monitoring and imprisonment.
• Fine: $500 to $1,625.
• License suspension: 1 to 5 years.
• Vehicle impounded: 90 days.
• Court ordered Drug/alcohol assessment.
   

3rd offense within 6 years with a BAC between 0.08% and 0.17%:

• Imprisonment: Mandatory minimum 30 days to maximum of under 1 year or combination house arrest with alcohol monitoring and imprisonment.
• Fine: $850 to $2,750.
• License suspension: 2 to 10 years.
• Required Drug/alcohol treatment.

Any charge with a BAC over 0.17% will carry longer imprisonment and possible additional charges. If you have more than 3 offenses in a period of 6 years you are looking at a felony charge of OVI. Not only does the imprisonment time increase but the fines can reach upwards of $10,500 and you can be hit with additional charges based on your number of past offenses.

Also, if you are caught driving while under any sort of suspension, you will face additional penalties.

Even if you have never been convicted of an OVI offense, do not let anyone who you know is under suspension use your vehicle. If you do, you could face suspension as well. For more information on OVI criminal penalties check out the Swift & Sure Ohio's OVI Laws brochure by the Department of Public Safety.

Habitual Offender Registry

As soon as you total 5 convictions or more for OVI (or equivalent) within 20 years, you'll be listed on the Habitual OVI Registry. At least 1 conviction must be after the law went into effect on September 30th 2008.

Being on this list allows the public to see your name, date of birth, home address, and your OVI convictions. Your information remains on this list until you no longer have 5 convictions for OVI within the past 20 years.

Reinstating Your License

It will be up to the court whether you will be allowed to have restricted driving privileges at any time during your suspension. This applies to both ALS or court driver's license suspensions.

After your suspension period is over you will be required to fulfill all of your penalties both from the courts and any from the BMV.

You will have to pay a license reinstatement fee. This fee is based on your date of conviction and the number of convictions you've incurred. The reinstatement fee has a range of $100 to $600 with extra fees for everything from not surrendering your license in a certain period of time to random selection fees.

Driving under OVI suspension or driving under suspension without insurance

The court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing for:

• Driving under OVI suspension First offense:
• 3 days jail time, with possible house arrest 30 days - 6 months;
• Fine: $250 - $1,000;
• Class 7 Suspension not to exceed one year;
• Impoundment for 30 days of plate and immobilization of vehicle for 30 days.

Second offense:

• 10 days jail time, with possible house arrest 90 days to one year;
• Fine: $500 - $2,500;
• Class 7 Suspension not to exceed one year;
• Impoundment for 60 days and plate impoundment for 60 days, if vehicle operated at time of offense is in offender’s name.

Third or more offenses within 6 years:

• 30 days jail time, with no option of house arrest;
• Fine: $500 - $2,500;
• Class 7 Suspension not to exceed one year;
• Vehicle forfeiture/Immobilization: criminal forfeiture of vehicle, court may fine offender the value of the vehicle.
• Driving under FRA suspension

First offense: - no more than 30 days jail time; - Class 7 Suspension not to exceed one year.

Second offense: - 60 days jail time; - Class 7 Suspension not to exceed one year.

Third offense: - Forfeiture; - Class 7 Suspension not to exceed one year.

NOTE: For multiple OVI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender. Vehicle forfeiture Permanent loss of vehicle shall be ordered by the court for any of the following which occur within five years:

• Third and felony offense of OVI
• Third or more offense of Driving Under Suspension (DUS) for OVI or Driving Under Suspension for Financial Responsibility (FRA)
• First offense of driving a vehicle that is immobilized and plates impounded

Wrongful entrustment

A vehicle can no longer be seized, immobilized or forfeited unless it is registered in the driver’s name. However, a person who loans a car to someone who that person knows or has reason to believe should not be driving can be held criminally liable for wrongful entrustment may face:

•  up to 180 days of jail time
•  may receive one-year driver license suspension
•  30 days immobilization or impoundment
•  Class 7 suspension
•  Vehicle forfeiture