In Ohio, like most states, the penalties increase significantly with subsequent convictions. The laws were just amended in 2008 to increase the severity of many of the penalties. This list is not meant to provide a detailed listing of every possible penalty you might face, but rather to give a general illustration of the type of penalties a court can enter against you if you are convicted. This list does not include restrictions a court may place on you if you are placed on probation. Holders of a commercial driver’s license can face stiffer penalties than those listed below and will be disqualified after a second OVI or DUI conviction.
Obviously, these laws are complicated and there are numerous appellate court decisions which could affect your situation. We recommend that you consult with an attorney before drawing any conclusions about your particular circumstances. This content is provided by Luxenburg and Levin, LLC for informational and educational purposes only. All footnotes have been removed. Nothing contained in this site should be construed as providing specific legal advice. Your use of this site does not create an attorney/client relationship.
First OVI or DUI conviction in 6 years
- first degree misdemeanor
- minimum 3 days up to 6 months in jail or driver intervention program
- fines of $375 up to $1,075
- mandatory driver’s licenses suspension of 6 months to 3 years
- no driving privileges can be awarded for the first 15 days of the suspension
- possible requirement of restricted license plates or ignition interlock device*
- 6 points assessed against your Ohio driver’s license
First OVI or DUI conviction in 6 years with either (a) high level chemical test or (b) conviction within prior 20 years and refusal to submit to chemical test
- first degree misdemeanor
- minimum 3 days up to 6 months in jail or 3 days in jail minimum and 3 days in a driver intervention program
- fines of $375 up to $1,075
- mandatory driver’s licenses suspension of 6 months to 3 years
- no driving privileges can be awarded for the first 15 days of the suspension
- restricted license plates required
- ignition interlock device possible
- 6 points assessed against your Ohio driver’s license
Second OVI or DUI conviction in 6 years
- first degree misdemeanor
- minimum 10 days up to 6 months in jail or 5 days in jail and 18 days house arrest and/or continuous alcohol monitoring
- fines of $525 up to $1,625
- alcohol/drug assessment and mandatory treatment if found to be dependent
- mandatory driver’s licenses suspension of 1 to 5 years
- no driving privileges can be awarded for the first 45 days of the suspension
- vehicle immobilized for 90 days if registered to the defendant
- restricted license plates required
- ignition interlock device required if conviction is alcohol-related
- 6 points assessed against your Ohio driver’s license
Second OVI or DUI conviction in 6 years with either (a) high level chemical test or (b) conviction within prior 20 years and refusal to submit to chemical test
- first degree misdemeanor
- minimum 20 days up to 6 months in jail or 10 days in jail and 36 days house arrest and/or continuous alcohol monitoring*
- fines of $525 up to $1,625
- alcohol/drug assessment and mandatory treatment if found to be dependent
- mandatory driver’s licenses suspension of 1 to 5 years
- no driving privileges can be awarded for the first 45 days of the suspension
- vehicle immobilized for 90 days if registered to the defendant
- restricted license plates required
- ignition interlock device required if conviction is alcohol-related
- 6 points assessed against your Ohio driver’s license
Third OVI or DUI conviction in 6 years
- unclassified misdemeanor
- minimum 30 days up to 1 year in jail or 15 days in jail and 55 days house arrest and/or continuous alcohol monitoring
- fines of $850 up to $2,750
- alcohol/drug assessment and treatment mandatory
- mandatory driver’s licenses suspension of 1 to 10 years
- no driving privileges can be awarded for the first 180 days of the suspension
- vehicle forfeited if registered to the defendant
- restricted license plates required
- ignition interlock device required if conviction is alcohol-related
- 6 points assessed against your Ohio driver’s license
Third OVI or DUI conviction in 6 years with either (a) high level chemical test or (b) conviction within prior 20 years and refusal to submit to chemical test
- unclassified misdemeanor
- minimum 60 days up to 1 year in jail or 30 days in jail and 110 days house arrest and/or continuous alcohol monitoring
- fines of $850 up to $2,750
- alcohol/drug assessment and treatment mandatory
- mandatory driver’s licenses suspension of 1 to 10 years
- no driving privileges can be awarded for the first 180 days of the suspension
- vehicle forfeited if registered to the defendant
- restricted license plates required
- ignition interlock device required if conviction is alcohol-related
- 6 points assessed against your Ohio driver’s license
* Restricted license plates have a yellow background, as opposed to all other Ohio license plates, which have a white background. This is a "scarlet letter" which alerts all other drivers of your OVI or DUI conviction. Ignition interlock devices are similar to a breathalyzer and are installed in the offender's vehicle. Before the vehicle can be started, the driver must breathe into the device. If the driver's blood alcohol concentration (BAC) is higher than the device's programmed BAC, the vehicle will not start. Continuous alcohol monitoring, is a process whereby the presence of alcohol in an individual's system is measured through skin perspiration by an ankle bracelet. If continuous alcohol monitoring is ordered by the court, the offender is prohibited from consuming any alcohol. The court will be notified if the ankle bracelet detects the presence of any alcohol in the offender's system.
