Ohio OVI/DUI Penalties

Ohio OVI penalties increase based on the number of prior OVI convictions and whether the current charge is classified as low level, high level, or refusal OVI.

OVI convictions cannot be expunged.

Printable 2026 OVI Penalty Chart (pdf)

Ohio OVI Penalties

First OVI/DUI Within 10 Years Penalties

Penalty

Low Level:

High Level or Refusal

Jail Time

3 days - 6 months. Court may allow a 3-day Driver Intervention Program (DIP) instead of jail. Jail may be waived with an ignition interlock device.
6 days - 6 months. Court may allow a 3-day jail term + 3-day DIP.

Fines

$565 - $1,075

License Suspension

1 - 3 years ($315 reinstatement fee)

Driving Privileges

Eligible after 15 days (30 for refusal). This waiting period may be waived if no prior "Physical Control" convictions.
Eligible after 15 days (30 for refusal). Mandatory waiting period and ignition interlock if you have a prior "Physical Control" conviction within 10 years.

Ignition Interlock

Optional, at court's discretion.
Optional, unless you have a prior "Physical Control" conviction.

Treatment Order

Optional, at court's discretion.

Restricted Plates

Optional, at court's discretion.

Points

6 points on license

Second OVI/DUI Within 10 Years Penalties

Penalty

Low Level:

High Level or Refusal

Jail Time

10 days - 6 months. Alternative minimum: 5 days jail + 18 days house arrest with monitoring.
20 days - 6 months. Alternative minimum: 10 days jail + 36 days house arrest with monitoring.

Fines

$715 - $1,625

License Suspension

1 - 7 years ($315 reinstatement fee)

Driving Privileges

Eligible after 45 days (90 for refusal).

Ignition Interlock

Required for alcohol-related OVI.

Treatment Order

Mandatory alcohol/drug assessment.

Restricted Plates

Required

Points

6 points on license

Vehicle

90-day immobilization if registered to you.

Third OVI/DUI Within 10 Years Penalties

Penalty

Low Level:

High Level or Refusal

Jail Time

30 days - 1 year. Alternative minimum: 15 days jail + 55 days house arrest with monitoring.
60 days - 1 year. Alternative minimum: 30 days jail + 110 days house arrest with monitoring.

Fines

$1,040 - $2,750

License Suspension

2 - 12 years ($315 reinstatement fee)

Driving Privileges

Eligible after 180 days (1 year for refusal).

Ignition Interlock

Required for alcohol-related OVI.

Treatment Order

Mandatory alcohol/drug addiction program.

Restricted Plates

Required

Points

6 points on license

Vehicle

Forfeiture if registered to you.

Fourth OVI/DUI Within 10 Years Penalties

Become felony charges

Other Consequences

The impact of an OVI conviction extends far beyond the legal penalties.

Ohio OVI Definitions

Low Level Breath Test for Alcohol:  .08 but less than .17

High Level Breath Test for Alcohol:  .17 or greater

Refusal: Refusing a requested chemical test (breath, blood, urine, or oral fluid). A refusal often carries more severe initial penalties.

Restricted Plates ("Party Plates"): Distinctive yellow and red license plates that are required on any vehicle you operate, clearly indicating you have an OVI-related suspension.

DUI:  Old terminology for an OVI, they mean the same.

Interlock: A car breathalyzer that prevents the vehicle from starting if it detects alcohol. It requires random re-tests while driving. Costs include an installation fee (~$200-$300) and monthly monitoring fees (~$100-$200).

DIP (Drivers Intervention Program): A 72-hour residential program focusing on substance abuse education. It's often held at a hotel and costs approximately $350 - $550.

House Arrest with Electronic Monitoring (HAEM / CAM): Confinement to your home with monitoring, which can be an ankle bracelet (SCRAM/CAM) or other device. This is only an option if the court determines there is a lack of jail space and involves installation and daily fees.

Vehicle Forfeiture: The permanent seizure of your vehicle by the state. Transferring the title to someone else to avoid this can result in a fine equal to the vehicle's value.

Law Offices of Brian J. Smith, ltd

As active DUI/OVI defense attorneys in county, municipal, and mayor's courts throughout Northern Ohio, we have developed a solid reputation for our comprehensive understanding of Ohio OVI laws. Our extensive experience enables us to effectively investigate and challenge charges, while also refining our ability to persuade prosecutors, judges, and juries. Contact us today at 800-641-1970 for a free consultation or case evaluation.

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