DUI Laws & Penalties in Ohio
Ohio has the most recent overall update on its DUI/DWI/OVI/OMVI as of 2008. Just like with the rest of 50 states, a refusal to take or submit to a chemical testing for alcohol content in the body (breath test, blood test, or urine test) results in an administrative license suspension or ALS right at the time of the arrest. Of course, it is understood that going over the limit of the legal Blood Alcohol Content will result in a DUI charge or both.
Interesting that Ohio offers a drivers intervention which can be used the same as 3 days in Jail thus showing that Ohio sees education and alcohol abuse intervention as viable ways to get people not to get additional drunk driving convictions. This forward thinking we are sure will bear positive fruit for Ohio and its citizens.
First Offense
- $250 minimum to $1000 maximum fine
- 3 days minimum to 6 months maximum jail term (6 days minimum if BAC reading is over .16%)
- a mandatory 3 days of Driver Intervention Program in a state-approved location may be opted in place of the minimum 3 days in prison
- 6 months minimum to 3 years maximum suspension of license (by the court)
- 90 days immediate suspension of license for failure of BAC reading; 1 year suspension of license if BAC test is refused (both by the Bureau of Motor Vehicles or BMV)
- possibility of being granted limited driving privileges after the first 15 days of suspension
- $450 license reinstatement fee
- possible community service
- mandatory alcohol education and treatment
Second Offense
- $350 minimum to $1500 fine
- 10 executive days jail term or
- 5 executive days jail term AND 18 days minimum to 6 months maximum house arrest with electronic monitoring
- 1 year minimum to 5 years maximum suspension of license (by the court)
- 1 year immediate suspension of license for failure of BAC reading; 2 years suspension of license if BAC test is refused (both by the Bureau of Motor Vehicles or BMV)
- $450 license reinstatement fee
- possible community service
- 90 days vehicle impound
- mandatory alcohol education and treatment
Third Offense
- $350 minimum to $1500 fine
- 30 executive days minimum to 1 year maximum jail term (60 days minimum for BAC reading above .16%) or
- 15 executive days jail term AND 55 days minimum to 1 year maximum house arrest with electronic monitoring
- 1 year minimum to 10 years maximum suspension of license (by the court)
- 3 year immediate suspension of license for failure of BAC reading; 5 years suspension of license if BAC test is refused (both by the Bureau of Motor Vehicles or BMV)
- possible community service
- 180 days vehicle impound
- mandatory alcohol education and treatment
Fourth Offense – FELONY
- $800 minimum to $10000 maximum fine
- 60 days minimum to 1 year maximum mandatory jail term (by the court)
- 3 year immediate suspension of license for failure of BAC reading; 5 years suspension of license if BAC test is refused (both by the Bureau of Motor Vehicles or BMV)
- 3 years to permanent revocation of license
- $450 license reinstatement fee
- vehicle impound
- mandatory alcohol education and treatment
When you are read your Miranda Rights exercise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.