Ohio DUI Penalties

Penalties for First OVI/DUI Offense in 10 Years (Below .160 BAC or low test)

• Degree of Defense: M1
• Incarceration: 3 days jail or DIP. Up to 6 months. (Must be suspended if granted Unlimited Driving Privileges)
• Fines: $375-$1,075
• Treatment: Optional
• License Suspension: Unclassified (1 to 3 Years)
• Driving Privileges: After 15 Days
• Restricted/Plates Interlock: Both Optional
• Immobilization / Vehicle Forfeiture: No

Penalties for First Offense OVI/DUI in 10 Years (Above .160 BAC or Refusal w/in Past 20 Years)

• Degree of Defense: M1
• Incarceration: 6 days in jail or 3 days jail or DIP. Up to 6 months. (Must be suspended if granted Unlimited Driving Privileges)
• Fines: $375-$1,075
• Treatment: Optional
• License Suspension: Unclassified (1 to 3 Years)
• Driving Privileges: After 15 Days (If Refusal, then 30 days)
• Restricted/Plates Interlock: Plates Required for high-end. Interlock Optional.
• Immobilization: No

Penalties for a Second OVI/DUI in 10 Years (Below .160 BAC or low test)

• Degree of Defense: M1
• Incarceration: 10 days in jail or 5 days jail and 18 days HAEM and/or CAM. Up to 6 months.
• Fines: $525-$1,675
• Treatment: Alcohol/Drug Assessment and Recommended Treatment Mandatory
• License Suspension: Unclassified (1 Year to 7 Years)
• Driving Privileges: After 45 Days (If Refusal, then 90 days)
• Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
• Immobilization: 90 Days immobilization if owned by Accused.

Penalties for a Second OVI/DUI in 10 Years (Above .160 BAC or Refusal w/in Past 20 Years)

• Degree of Defense: M1
• Incarceration: 20 days in jail or 10 days jail and 36 days HAEM and/or CAM. Up to 6 months.
• Fines: $525-$1,675
• Treatment: Alcohol/Drug Assessment and Recommended Treatment Mandatory
• License Suspension: Unclassified (1 Year to 7 Years)
• Driving Privileges: After 45 Days (If Refusal, then 90 days)
• Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
• Immobilization: 90 Days immobilization if owned by Accused.

Penalties for a Third OVI/DUI in 10 Years (Below .160 BAC)

• Degree of Defense: Unclassified Misdemeanor
• Incarceration: 30 days in jail or 15 days jail and 55 days HAEM and/or CAM. Up to 1 Year.
• Fines: $850-$2,750
• Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
• License Suspension: Unclassified (2 to 12 Years)
• Driving Privileges: After 180 Days (If Refusal, then 1 Year)
• Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
• Immobilization: Forfeiture, if owned by Accused.

Penalties for a Third OVI/DUI in 10 Years (Above .160 BAC or Refusal w/in Past 20 Years)

• Degree of Defense: Unclassified Misdemeanor
• Incarceration: 60 days in jail or 30 days jail and 110 days HAEM and/or CAM. Up to 1 Year.
• Fines: $850-$2,750
• Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
• License Suspension: Unclassified (2 to 12 Years)
• Driving Privileges: After 180 Days (If Refusal, then 1 Year)
• Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
• Immobilization: Forfeiture, if owned by Accused.

Penalties for a Fourth or Fifth Offense in 10 Years (Below .160 BAC) -- OR -- Sixth Offense in 20 Years

• Degree of Defense: Felony of the 4th Degree
• Incarceration: 60 days local incarceration up to 1 Year or 60 days in prison with option of additional 6 to 30 months.
• Fines: $1,350-$10,500
• Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
• License Suspension: Class 2 (3 Years to Life)
• Driving Privileges: After 3 Years
• Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
• Immobilization: Forfeiture, if owned by Accused.

Penalties for a Fourth or Fifth Offense in 10 Years (Above .160 BAC or Refusal) or Sixth in 20 Years

• Degree of Defense: Felony of the 4th Degree
• Incarceration: 120 days local incarceration up to 1 Year or 120 days in prison with option of additional 6 to 30 months.
• Fines: $1,350-$10,500
• Treatment: Alcohol/Drug Addiction Program Treatment Mandatory
• License Suspension: Class 2 (3 Years to Life)
• Driving Privileges: After 3 Years
• Restricted/Plates Interlock: Plates Required. Interlock Required if Alcohol-Related, but Optional if Drug Related.
• Immobilization: Forfeiture, if owned by Accused.

Penalties continue to escalate as the number of offense and/or breath test increases. This penalty chart is not a substitute for the advice of counsel. This is merely provided to give a brief assessment of the penalties which may be imposed.

Contact Bailey Legal Group for more information on Ohio DUI penalties - free consultation.