Penalties for a First OVI in Lisbon, Ohio

Being arrested for an OVI in Columbiana County is often a stressful and overwhelming experience, especially since the vast majority of individuals facing this situation have absolutely no prior criminal record. The legal process can seem daunting and confusing for someone navigating the justice system for the very first time. The team at the Youngstown Criminal Law Group understands how frightening this ordeal can be, which is why having an experienced legal professional on your side is a tremendous asset. Our dedicated team is here to help you understand what you are up against and guide you through every step of the legal proceedings.

The Financial Impact of a First-Time OVI Charge

A first-time OVI conviction in the state of Ohio is undeniably expensive and can take a heavy toll on your finances. A convicted offender is typically required to pay a mandatory fine that can range anywhere from $375 up to $1,075, in addition to standard court costs. Furthermore, to eventually get his or her driver’s license reinstated by the Bureau of Motor Vehicles, the individual will be forced to pay a hefty reinstatement fee of $475. If you are facing these severe financial penalties, consulting a knowledgeable Lisbon criminal lawyer can help you understand your options.

Beyond the direct fines and fees, an offender’s income often takes a significant hit. This is because the individual has likely spent a night or a full weekend in jail following the arrest, and will subsequently need to take time off from work to attend mandatory court hearings and legal consultations. The combined effect of lost wages and unexpected legal expenses puts a massive strain on any family’s budget. Having a skilled Lisbon OVI attorney can make a profound difference in how these proceedings affect your life and livelihood.

Jail Time and Driver Intervention Programs

There are multiple other severe consequences tied to an OVI conviction, extending far beyond the initial fines, fees, and court costs. The court’s sentencing heavily depends on your chemical testing results.

Standard BAC Penalties

If an offender submitted to chemical testing and their blood alcohol content (BAC) was recorded between .08 and .17 percent, the presiding judge is mandated to issue a specific sentence. The judge will sentence the individual to either three days in a local jail facility or three days in a specialized Driver Intervention Program. Working with a seasoned Lisbon criminal lawyer is highly recommended to advocate for the intervention program over jail time. The offender must pay out of pocket for whatever costs are associated with this course, which adds another financial burden. However, the educational value of the class generally far outweighs the monetary costs. This program is a specially designed 72-hour seminar, strictly approved by the court, that thoroughly educates drivers about the dangers of drugs and alcohol.

High BAC Penalties

If the offender’s blood alcohol content was significantly higher—specifically above the .17 percent threshold—the judge is faced with two stricter sentencing options. The judge must sentence the offender to either three days in the Driver Intervention Program plus a mandatory three days in jail, or a total of six days in jail. A reliable Lisbon OVI attorney can help you navigate these enhanced penalties. This elevated sentence also applies if the offender has a history of previously refusing a breath test and was subsequently convicted of an OVI within the last 20 years.

License Suspensions and Restricted Driving Privileges

When you are arrested for a first-time OVI, your driver’s license is automatically and administratively suspended by the Bureau of Motor Vehicles (BMV). This is a heavy burden to bear, but an experienced Lisbon criminal lawyer can help you challenge this action.

First OVI ALS Suspensions

If you are a first-time OVI offender and you completely refuse to submit to a requested blood, breath, or urine test, your license will be administratively suspended by the Bureau of Motor Vehicles for a full year. Conversely, if you submit to the test but your BAC is over the .08 percent legal limit, the administrative suspension will last for 90 days. On top of this BMV suspension, the judge overseeing your case can impose a further judicial suspension, commonly referred to as a Class Five license suspension. By consulting a dedicated Lisbon OVI attorney, you can better prepare for these overlapping suspensions. This judicial suspension will last at least six months, though the judge has the authority to extend it for up to three years.

Ignition Interlock Devices and Party Plates

Depending on the severity of the offense, the court may impose additional driving restrictions. You could be required by the court to pay for the installation of an ignition interlock device on your personal car if your blood alcohol content was over .17 percent. You might also be required to display yellow license plates, which are commonly called “party plates” in Ohio.

An ignition interlock device is an electronic apparatus installed directly into your car or truck’s ignition system. You have to blow into the device before you can start the vehicle. If the machine detects any amount of alcohol on your breath, the car simply won’t start. It also requires you to submit to random retests while driving, ensuring that you can’t have someone else breathe into it so you can illegally drive drunk. A capable Lisbon criminal lawyer can explain how these devices are monitored and maintained.

Driving Privilege Limitations

After you are arrested for an OVI, you do have the right to ask the court to grant you limited driving privileges once a certain “hard time” suspension period has passed. To accomplish this, you must formally file a petition with the specific court that has jurisdiction over the location where you were arrested. Depending on the exact location in Columbiana County, this could be a county court, a municipal court, or a mayor’s court. A knowledgeable Lisbon OVI attorney can handle the filing of this petition on your behalf. For a driver who is under the age of 18, this petition must be filed directly in juvenile court. If approved by the judge, these occupational driving privileges will strictly allow you to drive only to and from work, school, or necessary medical appointments, but nowhere else.

Reinstating Your License After a First OVI

To officially get your driver’s license back after a conviction for a First-OVI, you must successfully complete a strict set of requirements. These specific requirements are clearly laid out in the Ohio Revised Code Section 4510.038. They include paying the mandatory reinstatement fee, fully serving the entire duration of the suspension that the judge ordered, and sending a valid copy of your proof of insurance directly to the BMV at the designated address below:

Ohio Bureau of Motor Vehicles
Attn. Reinstatement (RE) Fee
P. O. Box 16520
Columbus, Ohio 43216-6520

Summary of Penalties for a First-OVI in Lisbon, Ohio

If you are facing these charges, do not hesitate to reach out for professional legal assistance. Call a Lisbon criminal lawyer at (330) 791-8104 or contact us online to schedule a free consultation today.