Ohio OVI Penalties
Ohio OVI laws are complicated to understand and to make matters more difficult, they are constantly changing. Since the early 1980’s Ohio OVI laws have been tough! An Ohio OVI conviction carries mandatory jail, mandatory fines and mandatory license suspensions; however, most Ohio OVI’s are misdemeanors. This means it is NOT a felony unless one of the exceptions listed below applies.
Prio Ohio OVI Convictions
Ohio also uses two different “look back” periods when considering prior convictions. For a case involving a blood, breath or urine test that is over the limit, there is a six year look back period for your first four convictions. For each new conviction within this six year period, the mandatory minimum sentence increases. A fourth conviction within a six year period is a felony.
For those who have a prior Ohio OVI (DUI, DWI, OMVI or drunk driving) conviction and then refuse to take a blood, breath or urine test on their current charge, there is a twenty year look back period. If you have a prior conviction and are then asked to take a chemical test (blood, breath or urine) upon being arrested, if you refuse to take the test, the officer may charge you with 4511.19(A)(2) – this is sometimes written as 4511.19(A)(2)(b). Conviction under this section also carries increased penalties.
Finally, if you have five prior convictions within 20 years and are charged with a sixth Ohio OVI within a twenty year period, the 6th OVI in 20 years is a felony. If you have ever been convicted of a felony Ohio OVI, any Ohio OVI charge after that becomes a felony (no matter how long you go between convictions).
For a full list of the penalties that apply to the various sections of Ohio OVI, view OHIO OVI PENALTIES.
Driver Intervention Programs
For those sections of the OVI Ohio laws that permit a “DIP” (Driver Intervention Program) in lieu of doing 3 days in jail, this requires that you stay overnight at the Driver’s Intervention Program where you will receive education on alcohol and driving issues as well as a substance abuse/dependency assessment. These programs are not free and they require that you stay overnight. For more information on these programs, contact one of the OVI lawyers at Lyons & Lyons Co., L.P.A. at 513-777-2222.