The Law Offices of
 Dennis P. Levin
   DUI / Criminal Defense Attorney
   Landerbrook Corporate Center
   5910 Landerbrook Dr. - Suite 200
   Cleveland, Ohio 44124
   216.831.3939
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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 CAM.

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

CAM.

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 CAM.

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 CAM.

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