OVI Laws and Penalties in Ohio

If you find yourself facing an OVI charge in Mahoning County, your immediate priority should be securing dedicated legal representation. Ohio’s Operating a Vehicle Impaired (OVI) statutes are intricate and often unforgiving. However, with an attorney who understands the nuances of these regulations inside and out, it is possible to have charges reduced or even dismissed. The right legal counsel will provide a clear picture of what you are up against and guide you toward the most favorable outcome possible given your specific circumstances.

Below is a detailed breakdown of how Ohio’s OVI laws are structured and the potential penalties involved.

First OVI Offense

In the state of Ohio, a first OVI offense is classified as a first-degree misdemeanor. While this is the lowest level of OVI charge, the penalties are still significant. Conviction can result in a jail term of up to six months. However, the court may allow a substitution of three days in jail for a 72-hour driver intervention program that is state-certified.

Beyond potential incarceration, you may face a driver’s license suspension ranging from six months to three years. Financial penalties are also steep, with fines falling between $375 and $1,075. To navigate these complex sentencing options, many residents turn to a skilled Youngstown criminal lawyer to advocate for alternative sentencing like the intervention program rather than jail time.

Additional optional penalties for a first offense may include:

• “Party” Plates: Mandatory yellow license plates restricted to those with OVI convictions.
• Ignition Interlock Device: A breathalyzer installed in your vehicle.
• Restricted Driving: Limited driving privileges for work or school.
• Treatment: Mandatory attendance at alcohol treatment and education programs.

First OVI with High BAC or Chemical Test Refusal

This charge remains a first-degree misdemeanor. The consequences mirror those of a standard first OVI, with one major exception: the installation of yellow OVI plates becomes mandatory rather than optional.

Second OVI Offense

A second OVI offense is also prosecuted as a first-degree misdemeanor, but the stakes are higher. The financial burden increases, with fines ranging from $525 to $1,625. Jail sentences also increase, ranging from a mandatory 10 days up to six months. Furthermore, your driver’s license can be suspended for a period between one and five years.

Other mandatory requirements include probation, an alcohol assessment, and completing education or treatment programs. You will also be issued OVI “party” plates. Limited driving privileges may be granted, but only after a waiting period of 45 days from the original charge. A knowledgeable Youngstown DUI attorney can help you understand additional sentencing options, such as house arrest or electronic monitoring, which the court may impose.

Second OVI with High BAC or Chemical Test Refusal

Categorized as a first-degree misdemeanor, this specific charge carries stricter minimums. Sentencing options include:

• Jail Time: 20 days to six months.
• Fines: $525 to $1,625.
• License Suspension: One to five years.
• Additional Penalties: Ignition interlock device, party plates, house arrest, electronic monitoring, and mandatory alcohol assessment and treatment.

Third OVI Offense

Like the first and second offenses, a third OVI is considered a first-degree misdemeanor, but the penalties escalate drastically. Fines for a third conviction rise to between $850 and $2,750. Incarceration periods are longer, with jail sentences spanning from 30 days to one year.

Your driving freedom is severely impacted, with license suspensions lasting anywhere from two to 10 years. A critical factor in a third offense is the potential forfeiture of your vehicle if it is titled in your name, meaning the court can permanently confiscate it. Given the threat of property loss, retaining a Youngstown criminal lawyer is essential. Other punishments align with previous offenses, including probation, yellow OVI plates, electronic monitoring (with or without house arrest), ignition interlock devices, and mandatory alcohol training. Limited driving privileges are only considered after 180 days.

Third OVI with High BAC or Chemical Test Refusal

This charge is a first-degree misdemeanor. The potential punishments are similar to a standard Third OVI but come with a harsher mandatory jail sentence ranging from 60 days to one full year.

First Felony OVI

This charge elevates the offense to a fourth-degree felony. The consequences for a felony OVI are significantly more severe than misdemeanor charges. Incarceration involves prison time ranging from two months to two and a half years. It is also an expensive conviction, with fines ranging from $1,350 to $10,500.

Vehicle forfeiture is mandatory if the car is titled in your name. You may be eligible for limited driving privileges after three years, or you could face a license suspension lasting from three years up to a lifetime ban. A Youngstown DUI attorney will note that other requirements include alcohol and drug addiction programs, mandatory party plates, and the installation of an ignition interlock device.

Second Felony OVI

If a driver incurs a second felony OVI charge, it is prosecuted as a third-degree felony. While many of the penalties are similar to the First Felony OVI, the prison sentence is extended, ranging from two months to five years.

Contact Us

You do not have to face an OVI charge alone. The team at Youngstown Criminal Law Group is ready to defend your rights. Contact a qualified Youngstown criminal lawyer today at 412.387.6901 for a free consultation.