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For a first time low level breath alcohol content reading which is .08 but less than .17 within 10​ years the penalties are as follows:


​Maximum incarceration is 6 months. Minimum incarceration is 3 days of jail or 3 days of the 
Driver Intervention Program (DIP) which may be avoided with the installation of an ignition 
interlock. Probation can be up to 5 years. The fine will be between $375 and $1,075. The court
has the option to force a drug and alcohol evaluation/assessment and to force you to follow the
recommendations even if it is in patient treatment. There will be a driver license suspension of 
1-3 years. There are no driving privileges for the first 15 days after the arrest.  The license 
suspension may be reduced to 6 months with the use of the ignition interlock. There will 
be a license reinstatement fee of $475 when the suspension is over. This reinstatement fee must 
be paid before you can drive again. This is important to take care of PRIOR to the termination
of the suspension because your driving privileges expire upon the termination of the suspension
and if your license is not reinstated you will not be able to drive at all. The court has the option 
of ordering you to display Restricted Plates (Party Plates) even on a first time low level violation. 
The court has the option to order you to install the ignition interlock. It is a 6 point violation.

For a first time high level breath alcohol reading which is .17 or greater within 10 years OR for a
refusal to take the requested test (BAC or urine) with a prior OVI conviction within the past 20 
years the penalties are as follows:


Maximum incarceration is 6 months. Minimum incarceration is 6 days of jail or 3 days of the
Driver Intervention Program (DIP) and 3 days of jail which may be avoided with the installation
of an ignition interlock. Probation can be up to 5 years. The fine will be between $375 and $1,075. 
The court has the option to force a drug and alcohol evaluation/assessment and to force you to
follow the recommendations even if it is in patient treatment. There will be a driver license suspension of 1-3 years. There are no driving privileges for the first 15 days after the arrest unless you refused the breathalyzer (or requested) test, in which case, there are no driving privileges for the first 30 days after the arrest. The license suspension may be reduced to 6 months with the use of the ignition interlock. There will be a license reinstatement fee of $475 when the suspension is over. This reinstatement fee must be paid before you can drive again. This is important to take care of PRIOR to the termination of the suspension because your driving privileges expire upon the termination of the suspension and if your license is not reinstated you will not be able to drive at all. Restricted Plates (Party Plates) are required. The court has the option to order you to install the ignition interlock. It is a 6 point violation.

For a second time low level breath alcohol content reading which is .08 but less than .17 
within the last 10 years the penalties are as follows:


​Maximum incarceration is 6 months. Minimum incarceration is 10 days of jail or 5 days of jail 
and 18 days of house arrest with electronic monitoring and/or continuous alcohol monitoring. Probation can be up to 5 years. The fine will be between $525 and $1,625. The court will order a drug and alcohol evaluation/assessment and you will be required to follow the recommendations even if it is in patient treatment. There will be a driver license suspension of 1-7 years. There are no driving privileges for the first 45 days after the arrest. There will be a license reinstatement fee of $475 when the suspension is over. This reinstatement fee must be paid before you can drive again. This is important to take care of PRIOR to the termination of the suspension because your driving privileges expire upon the termination of the suspension and if your license is not reinstated you will not be able to drive at all. Restricted Plates (Party Plates) are required. The ignition interlock is required if it was an alcohol related offense. There will be a 90 day immobilization of the vehicle if registered to you. The vehicle will be kept in impound for which you will be charged on a daily basis. Your lawyer should ask the court for permission to have the vehicle immobilized by club at your home if you live within the jurisdiction of the court. If you do not live within the jurisdiction of the court you can try to find a location within the jurisdiction of the court where the vehicle can be stored that is more cost effective than the impound lot. It is a 6 point violation.

For a second time high level breath alcohol reading which is .17 or greater within the
last 10 years OR for a refusal to take the requested test (BAC or urine) with a prior OVI 
conviction within the past 20 years the penalties are as follows:


​Maximum incarceration is 6 months. Minimum incarceration is 20 days of jail or 10 days 
of jail and 36 days of house arrest with electronic monitoring and/or continuous alcohol monitoring. Probation can be up to 5 years. The fine will be between $525 and $1,625. The court will order a drug and alcohol evaluation/assessment and you will be required to follow the recommendations even if it is in patient treatment. There will be a driver license suspension of 1-7 years. There are no driving privileges for the first 45 days after the arrest unless you refused the breathalyzer (or requested)test, in which case, there are no driving privileges for the first 90 days after the arrest. There will be a license reinstatement fee of $475 when the suspension is over. This reinstatement fee must be paid before you can drive again. This is important to take care of PRIOR to the termination of the suspension because your driving privileges expire upon the termination of the suspension and if your license is not reinstated you will not be able to drive at all. Restricted Plates (Party Plates) are required. The ignition interlock is required if it was an alcohol related offense. There will be a 90 day immobilization of the vehicle if registered to you. The vehicle will be kept in impound for which you will be charged on a daily basis. Your lawyer should ask the court for permission to have the vehicle immobilized by club at your home if you live within the jurisdiction of the court. If you do not live within the jurisdiction of the court you can try to find a location within the jurisdiction of the court where the vehicle can be stored that is more cost effective than the impound lot. It is a 6 point violation.

For a third time low level breath alcohol content reading which is .08 but less than .17 
within the last 10 years the penalties are as follows:


​Maximum incarceration is 1 year. Minimum incarceration is 30 days of jail or 15 days of jail and 
55 days of house arrest with electronic monitoring and/or continuous alcohol monitoring.  Probation can be up to 5 years. The fine will be between $850 and $2,750. The court will order some form of alcohol or drug addiction treatment. There will be a driver license suspension of 2-10 years. There are no driving privileges for the first 180 days after the arrest. There will be a license reinstatement fee of $475 when the suspension is over. This reinstatement fee must be paid before you can drive again. This is important to take care of PRIOR to the termination of the suspension because your driving privileges expire upon the termination of the suspension and if your license is not reinstated you will not be able to drive at all. Restricted Plates (Party Plates) are required. The ignition interlock is required if it was an alcohol related offense. If the vehicle is registered to you it will be subject to forfeiture. It is a 6 point violation.

For a third time high level breath alcohol reading which is .17 or greater within the last 
10 years OR for a refusal to take the requested test (BAC or urine) with a prior OVI conviction 
within the past 20 years the penalties are as follows:


Maximum incarceration is 1 year. Minimum incarceration is 60 days of jail or 30 days of jail and
110 days of house arrest with electronic monitoring and/or continuous alcohol monitoring.  Probation can be up to 5 years. The fine will be between $850 and $2,750. The court will order some form of alcohol or drug addiction treatment. There will be a driver license suspension of 2-10 years. There are no driving privileges for the first 180 days after the arrest unless you refused the breathalyzer (or requested) test, in which case, there are no driving privileges for the first 1 year after the arrest. There will be a license reinstatement fee of $475 when the suspension is over. This reinstatement fee must be paid before you can drive again. This is important to take care of PRIOR to the termination of the suspension because your driving privileges expire upon the termination of the suspension and if your license is not reinstated you will not be able to drive at all. Restricted Plates (Party Plates)are required. The ignition interlock is required if it was an alcohol related offense. If the vehicle is registered to you it will be subject to forfeiture. It is a 6 point violation.


These are guidelines. There are many ways to avoid or lessen the penalties described above.


WHAT ARE THE CURRENT PENALTIES  FOR AN OHIO OVI/ DUI?