OHIO DUI PENALTIES
Following is a list of the potential penalties you are facing if you are found guilty of a DUI/OMVI in Ohio. DUI/OVI cases are a very complicated area of the law and this information can be hard to understand. That is why I try to put it in “plain English.” I will also be happy to speak with you to about your case.
Also remember DUI/OMVI laws change frequently and quickly. The impact of a prior conviction on your record can have unforeseen negative consequences in the future.
If you've been arrested, you want to know what you are facing, and what your options are. That's why it makes sense to get a case evaluation from an experienced lawyer who handles alcohol related cases everyday.
If you fight the case and win at trial, your penalty is nothing. That is what I
focus on in my law practice. I can also help you work out the minimum penalty allowed by law if you chose to plead enter a plea.
Please contact me for a consultation on what I can do try to win your case. ![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
216.831.3939
- Attorney Dennis P. Levin
|
No. and Type of Offense |
Degree of Offense |
Incarceration |
Fines |
Treatment |
License Suspension |
Driving Privileges |
Imobili- zation/ Forfeiture |
Restricted Plates
for Privilges |
|
1st in 6 yrs. [simple OVI, low test or drug |
M-1 |
3 days jail 0r DIP. Up to 6 months |
$250 - $1,000 |
Optional |
Class 5 (180 days to 3 years) |
After
15 days |
No |
Optional |
|
1st in 6 yrs. and either: high test or refusal with prior in 20 years |
M-1 |
6 days jail or 3 days jail and 3 days DIP. Up
to 6 months |
$250 - $1,000 |
Optional |
Class 5 (180 days to 3 years) |
After 15 days |
No |
Mandatory only for high-end. Otherwise optional |
|
2nd
in 6 years [simple OVI, low test or drug] |
M-1 |
10 days jail or 5 days jail and 18 days EMHA and/or Up to 6 months |
$350 - $1,500 |
DIP optional. Treatment mandatory
if defendant found dependent |
Class 4 (1 to 5 years) |
After 30 days |
90 days immobili- zation if registered to defendant |
Mandatory |
|
2nd in
6 years and either: high test or refusal with prior in 20 years |
M-1 |
20 days jail or 10 days jail and 36 days EMHA and/or Up to 6 months |
$350
- $1,500 |
DIP optional. Treatment mandatory if defendant found dependent |
Class 4 (1 to 5 years) |
After 30 days |
90 days immobili- zation if registered to defendant |
Mandatory |
|
3rd
in 6 years [simple OVI, low test or drug] |
Unclassified Misd. |
30 days jail or 15 days jail and 55 days EMHA and/or Up to 1 year |
$550 - $2,500 |
Mandatory alcohol/drug addiction program |
Class
3 (2 to 10 years) |
After 180 days. Disabling device required for days 181 to 365. |
Forfeiture if registered to defendant |
Mandatory |
|
3rd in 6 years and
either: high test or refusal with prior in 20 years |
Unclassified Misd. |
60 days jail or 30 days jail and 110 days EMHA and/or Up
to 1 year |
$550 - $2,500 |
Mandatory alcohol/drug addiction program |
Class 3 (2 to 10 years) |
After 180 days. Disabling device required for days 181 to
365. |
Forfeiture if registered to defendant |
Mandatory |
|
Either: 4th or 5th in 6 years or 6th in 20 years [simple OVI, low test or drug] |
F-4 |
60 days
local jail, up to 1 year or 60 days prison with option of additional 6 to 30 months |
$800 - $10,000 |
Mandatory alcohol/drug addiction program |
Class
2 (3 years to Life) |
After 3 years. Disabling device required. |
Forfeiture if registered to defendant |
Mandatory |
|
Either: 4th or 5th in 6 years or 6th
in 20 years and high test or refusal |
F-4 |
120 days local jail, up to 1 year or 120 days prison with option of additional 6 to
30 months |
$800 - $10,000 |
Mandatory alcohol/drug addiction program |
Class 2 (3 years to Life) |
After 3 years. Disabling device required. |
Forfeiture if registered to defendant |
Mandatory |
|
2nd
felony lifetime [simple OVI, low test or drug] |
F-3 |
60 days prison. Up to 5 years |
$800 - $10,000 |
Mandatory alcohol/drug addiction program |
Class
2 (3 years to Life) |
After 3 years. Disabling device required. |
Forfeiture if registered to defendant |
Mandatory |
|
2nd felony lifetime and either: high
test or refusal |
F-3 |
120 days prison. Up to 5 years |
$800 - $10,000 |
Mandatory alcohol/drug addiction program |
Class 2 (3 years to
Life) |
After 3 years. Disabling device required. |
Forfeiture if registered to defendant |
Mandatory |
|
1st or 2nd felony lifetime with
§2941.1413 specification |
F-4 (1st felony) F-3 (2nd felony) |
F-3 penalties set forth above and 1,2,3,4 or 5 years prison consecutive to same. |
$800
- $10,000 |
Mandatory |