(1) First OVI Offense – no prior offense (within 6 years): Jail term of 3 days to 6 months; fine of $250 to $1,000; license suspension (Class 5) of 180 days to 3 years and 6 points against their license. All OVI license suspensions include a period of “Hard Time” with no privileges; the Hard Time Suspension periods for an OVI conviction are the same time periods as a corresponding ALS Suspension. (However, the ALS and OVI cases and suspensions are separate.)
(2) Second OVI Offense – 1 prior (within 6 years): Jail term of 10 days to 6 months; fine of $350 to $1,500; license suspension (Class 4) of 1 year to 5 years, vehicle immobilized for 90 days, 6 points against license.
(3) Third OVI Offense – 2 priors (within 6 years): Jail term of 30 days to 1 year; fine of $800 to $10,000; license suspension (Class 3) of 2 years to 10 years. Vehicle is subject to forfeiture and may receive 6 points against license. Double jail time for high tier per se and criminal refusal: Conviction of a “High Tier” Per Se offense or Criminal Refusal offense (refusal and prior OVI within 20 years), will double each of the minimum periods of incarceration specified above. Note: Criminal Refusal requires proof and conviction of the new OVI Impaired offense. High (and Low) tier per se charges and OVUAC do not require proof or conviction of “impairment.” Conviction for most OVI offenses and some other traffic offenses require the use of “Distinctive License Plates” (currently red & yellow). A court may require them for any OVI conviction, and must require the offender to obtain distinctive plates (to grant any driving privileges) if any of the following apply: the person has any prior OVIs within 6 years or if the person has no priors but is charged with a high tier or criminal refusal.
Felony OVI/DUI
If the person has 1 prior felony, 3 prior OVI convictions w/in 6 years or 5 prior OVI convictions in 20 years an additional OVI offense is considered a felony. In Ohio, felony sentences are governed by the OVI statute as well as the general Felony Sentencing Statutes and specific Felony sentencing statutes. Because of the constant changes in these statutes the below is only a general guide to felony OVI sentences. The minimum sentence authorized by law in a given case could be much greater than shown below. Additionally, as with misdemeanors, felony minimum sentences are doubled for high tier or criminal refusal offenses.
(4) Felony 4 OVI – (Repeat Misdemeanor Offender). If a person has 3 or 4 prior misdemeanor OVI convictions within 6 years or 5 prior misdemeanor OVI convictions within in 20 years OVI is a Felony of the Fourth Degree. Although they are both F-4’s and carry the same fines, suspensions and vehicle sanctions 5 priors in 20 years carries significantly increased jail / prison time. For F-4 OVIs without the 5 in 20 activity, the following apply: The judge can either impose local incarceration (including jail, a community-based correctional facility, a halfway house, or an alternative residential facility) and/or a jail term ranging from 60 days (low tier) or 120 days (high tier or Criminal Refusal) to 1 year -OR- a prison term of 60 days (low tier) or 120 days (high tier or criminal refusal) plus an (optional) addition prison term of 6 to 30 months. Additional penalties include probation / parole with conditions, including mandatory alcohol / drug treatment; fine of $800 to $10,000; license suspension of 3 years to life.
(5) Felony 3 OVI – (RFO) Repeat Felony Offender: Any new OVI with a prior Felony OVI Conviction is a Felony 3. Where there is a prior Felony and a total of 4 other prior felony or misdemeanor convictions OVI is an F-3 but the 5 within 20 spec applies to the jail / prison time. Low Tier, High Tier and Criminal Refusal distinctions apply. An F-3 OVI carries a mandatory prison term of 60 days (Low Tier) or 120 days (High Tier or Crim Refusal) up to 5 years in prison. Additional penalties include post release control (probation / parole) with conditions, including mandatory alcohol / drug treatment; fine of $800 – $10,000, license suspension (Class 2) 3 years to life. Vehicle subject to forfeiture and may receive 6 points against license.
For a free DUI defense consultation to discuss your DUI/OVI arrest, contact Skip Potter at 419-353-SKIP, or contact us online.
