Ohio OVI / DUI Penalties

More than 45 years of experience

Why It Matters and How Ohio Counts Offenses

1st Offense (Within 10 Years)

A first offense OVI is a 1st-degree misdemeanor. The penalties are a mandatory minimum jail time of 3 days (typically served through a 3-day Driver Intervention Program), a fine of $565 to $1075, a license suspension of 1 to 3 years, and 6 points on your record. A breath test of .170 or higher (“high tier”) or a test refusal doubles the mandatory minimum to 6 days and can carry restricted license plates and an ignition interlock requirement.

2nd Offense (Within 10 Years)

A second OVI in 10 years requires a mandatory minimum of 10 consecutive days in jail (20 days if you have a high-tier test or refusal), a fine of $715 to $1,625, a license suspension of 1 to 7 years, restricted (“party”) plates, mandatory ignition interlock, and 90 days of vehicle immobilization if your vehicle is registered to you. Drivers seeking limited privileges after a second offense now require an ignition interlock under Liv’s Law.

Let us help you!

While the state of Ohio will provide you with a lawyer if you do not have one, these lawyers are often overworked with a high caseload. Hiring a skilled DUI defense lawyer to handle your case may help reduce fines by negotiating charges or penalties.

3rd Offense (Within 10 Years)

A third OVI in ten years is still a misdemeanor but comes with a mandatory minimum of 30 consecutive days in jail (60 days with a high-tier test or refusal), a fine of $1,040 to $2,750, a license suspension of 2 to 12 years, restricted plates, ignition interlock, and mandatory forfeiture of the vehicle if it is registered to you. At this level, the consequences are verging on felony territory, and an aggressive defense becomes critical.

4th Offense: Felony OVI

A fourth OVI in 10 years—or a sixth in 20 years—is a fourth-degree felony, with a mandatory minimum of 60 days local jail or prison (120 days with a high-tier test or refusal), a fine of $1,540 to $10,500, a license suspension of 3 years to life, mandatory vehicle forfeiture, and mandatory addiction treatment. A later OVI felony can turn into a third-degree felony with mandatory jail. Once you have a felony OVI, any subsequent OVI is charged as a felon