Ohio OVI Penalties

Understanding The Penalties In ORC 4511.19

ORC 4511.19 is a massive section of Ohio law covering what happens if you are caught driving under the influence of any vehicle, streetcar, or trackless trolley in the state. It outlines the penalties you could face, which become significantly more severe based on the number of times you’re been charged with an OVI.

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Driving Penalties

There are two regulatory bodies that can impose penalties on you if you were charged with an OVI in Ohio, the Bureau of Motor Vehicles (BMV) and the court itself. Whether you fail or refuse to take a chemical test for an OVI in Ohio, your license could be suspended on behalf of the BMV. Your penalties can change depending on how many OVIs you’ve been charged with in a six-year span.

Failed Test:

• 1^st offense: Class E suspension (90 days)
  • You may seek to regain limited driving privileges after 15 days
• 2^nd offense within six years: Class C suspension (one year)
  • You may seek to regain limited driving privileges after 45 days
• 3^rd offense within six years: Class B suspension (two years)
  • You may seek to regain limited driving privileges after 180 days
• 4^th offense or more within six years: Class A suspension (three years)
  • You are not able to regain limited driving privileges

Refused Test:

• 1^st offense: Class C suspension (1 year)
  • You may seek to regain limited driving privileges after 30 days
• 2^nd offense within six years: Class B suspension (two years)
  • You may seek to regain limited driving privileges after 90 days
• 3^rd offense within six years: Class A suspension (three years)
  • You may seek to regain limited driving privileges after one year
• 4^th offense or more within six years: Five year suspension
  • You may seek to regain limited driving privileges after three years

Court-Ordered Penalties

These suspensions come after the BMV’s suspensions, and while they are usually similar, can vary depending on your situation. It’s important to work with your attorney to best understand what penalties you may face following your hearing.

• 1^st offense: Class 5 suspension (six months to three years)
  • You may seek to regain limited driving privileges after 15 days
  • Optional ignition interlock
• 2^nd offense within six years: Class 4 suspension (one to five years)
  • You may seek to regain limited driving privileges after 45 days
  • Mandatory ignition interlock if alcohol is involved
• 3^rd offense within six years: Class 3 suspension (two to 10 years)
  • You may seek to regain limited driving privileges after 180 days
  • Mandatory ignition interlock if alcohol is involved

Appealing Your License Suspension

If you are charged with an OVI in Ohio, you only have 30 days to appeal. If you fail to do so within this time, you lose the right to contest your suspension.

Criminal Penalties

You can face fines, jail time, extended license suspension, and a court ordered substance assessment if a court finds you guilty of an OVI offense. This can vary depending on the number of times you have been charged with an OVI in the past 10 years and whether you qualify as a High Tier offender (driving with a Blood Alcohol Concentration (BAC) of at least .17).

Standard OVI:

• 1^st offense: Minimum three days of jail time, minimum $250 fine
• 2^nd offense: Minimum 10 days of jail time, minimum $350 fine
• 3^rd offense: Minimum 30 days of jail time, minimum $550 fine
• 4^th offense: Minimum 60 days jail time, minimum $800 fine

Refused Test:

• 1^st offense: Minimum 20 days jail time, minimum $350 fine
• 2^nd offense: Minimum 60 days jail time, minimum $550 fine
• 3^rd offense: Minimum 120 days jail time, minimum $800 fine

High Tier OVI:

• 1^st offense: Minimum 6 days jail time, minimum $250 fine
• 2^nd offense: Minimum 20 days jail time, minimum $350 fine
• 3^rd offense: Minimum 60 days jail time, minimum $550 fine
• 4^th offense: Minimum 120 days jail time, minimum $800 fine