Ohio OVI penalties climb with each prior OVI conviction, and with whether the current charge is a low level, high level, or refusal OVI. Here is how the levels work, the legal limits behind them, and the terms you will hear along the way.
Answer a few questions about the charge and your record to see the penalties that generally apply under Ohio law (R.C. 4511.19). This tool provides general information, not legal advice, and your actual outcome depends on the specific facts of your case and the court.
| Penalty | Low Level | High Level or Refusal |
|---|---|---|
| Jail Time | 3 days to 6 months. The court may allow a 3-day Driver Intervention Program (DIP) instead of jail. Jail may be waived with an ignition interlock device. | 6 days to 6 months. The court may allow a 3-day jail term plus a 3-day DIP. |
| Fines | $565 to $1,075 | |
| License Suspension | 1 to 3 years ($315 reinstatement fee) | |
| Driving Privileges | Eligible after 15 days (30 days for refusal). The waiting period may be waived with no prior physical control convictions. | Eligible after 15 days (30 days for refusal). Mandatory waiting period and ignition interlock with a prior physical control conviction within 10 years. |
| Ignition Interlock | Optional, at the court's discretion. | Optional, unless you have a prior physical control conviction. |
| Treatment Order | Optional, at the court's discretion. | |
| Restricted Plates | Optional, at the court's discretion. | |
| Points | 6 points on license | |
| Penalty | Low Level | High Level or Refusal |
|---|---|---|
| Jail Time | 10 days to 6 months. Alternative minimum: 5 days jail plus 18 days house arrest with monitoring. | 20 days to 6 months. Alternative minimum: 10 days jail plus 36 days house arrest with monitoring. |
| Fines | $715 to $1,625 | |
| License Suspension | 1 to 7 years ($315 reinstatement fee) | |
| Driving Privileges | Eligible after 45 days (90 days for refusal). | |
| Ignition Interlock | Required for alcohol-related OVI. | |
| Treatment Order | Mandatory alcohol and drug assessment. | |
| Restricted Plates | Required (optional for a refusal) | |
| Points | 6 points on license | |
| Vehicle | 90-day immobilization if registered to you. | |
| Penalty | Low Level | High Level or Refusal |
|---|---|---|
| Jail Time | 30 days to 1 year. Alternative minimum: 15 days jail plus 55 days house arrest with monitoring. | 60 days to 1 year. Alternative minimum: 30 days jail plus 110 days house arrest with monitoring. |
| Fines | $1,040 to $2,750 | |
| License Suspension | 2 to 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 and drug addiction program. | |
| Restricted Plates | Required | |
| Points | 6 points on license | |
| Vehicle | Forfeiture if registered to you. | |
A repeat OVI becomes a felony. Which degree applies depends on your record.
| Penalty | Low Level | High Level or Refusal |
|---|---|---|
| Jail or Prison | Local incarceration of 60 days minimum, up to 1 year. Or prison of 60 days, plus a possible additional 6 to 30 months. | Local incarceration of 120 days minimum, up to 1 year. Or prison of 120 days, plus a possible additional 6 to 30 months. |
| Fines | $1,540 to $10,500 | |
| License Suspension | Class two: 3 years to life | |
| Driving Privileges | Eligible after 3 years, with an ignition interlock. | |
| Ignition Interlock | Required for alcohol-related OVI. | |
| Treatment Order | Mandatory alcohol and drug addiction treatment program. | |
| Restricted Plates | Required | |
| Points | 6 points on license | |
| Vehicle | Criminal forfeiture if registered to you. | |
An F4 is charged for a fourth or fifth OVI within 10 years, or a sixth or later within 20 years. It is the one felony level that allows local incarceration as an alternative to prison.
Penalties reflect R.C. 4511.19 and increase with the number of prior OVI convictions and whether the offense is low level, high level, or a refusal. A refusal is treated as a high test only when the offender has a prior OVI conviction within 20 years; a first refusal with no priors is charged at the low level for jail purposes but still carries the longer refusal suspension and waiting period. OVI convictions cannot be expunged or sealed. This chart is general information and is not legal advice.
| Test Level | Whole Blood | Blood Serum / Plasma | Breath (per 210 L) | Urine (per 100 mL) |
|---|---|---|---|---|
| Low Test | ≥ .08% but < .17% | ≥ .096% but < .204% | ≥ .08g but < .17g | ≥ .11g but < .238g |
| High Test | ≥ .17% | ≥ .204% | ≥ .17g | ≥ .238g |
Refusal: A refusal is treated as a High Test if there has been a prior OVI conviction within 20 years.
| Controlled Substance | Urine (ng/mL) | Whole Blood, Serum, or Plasma (ng/mL) |
|---|---|---|
| Amphetamine | ≥ 500 ng | ≥ 100 ng |
| Cocaine | ≥ 150 ng | ≥ 50 ng |
| Cocaine Metabolite | ≥ 150 ng | ≥ 50 ng |
| Heroin | ≥ 2000 ng | ≥ 50 ng |
| Heroin Metabolite (6-MAM) | ≥ 10 ng | ≥ 10 ng |
| L.S.D. | ≥ 25 ng | ≥ 10 ng |
| Marihuana | ≥ 10 ng | ≥ 2 ng |
| Marihuana Metabolite (while impaired) | ≥ 15 ng | ≥ 5 ng |
| Marihuana Metabolite (not impaired) | ≥ 35 ng | ≥ 50 ng |
| Methamphetamine | ≥ 500 ng | ≥ 100 ng |
| Phencyclidine (PCP) | ≥ 25 ng | ≥ 10 ng |
| Salvia Divinorum / Salvinorin A | Amount specified by Board of Pharmacy rule | |
Thresholds reflect R.C. 4511.19 and the per se limits for operating a vehicle in Ohio.
The impact of an OVI conviction reaches well beyond the courtroom. These consequences can follow you for years after the case is closed.
Canada treats an OVI as a serious crime. You can be found criminally inadmissible and turned away at the border, even on an arrest that never led to a conviction, and you may have to apply for a special permit to enter.
Expect a steep jump in your premiums. Some insurers drop coverage altogether, which forces you into the high-risk market at a much higher cost.
An OVI on your record can close doors with employers, especially for jobs that involve driving or require a professional license.
A first OVI conviction brings a one-year CDL disqualification. A second conviction is a lifetime disqualification.
A conviction may have to be reported to a licensing board, such as those for nursing, law, or aviation, and can trigger disciplinary action.
An OVI conviction cannot be expunged or sealed in Ohio. It stays on your record permanently and counts as a prior for years to come.
A first OVI within ten years is a first-degree misdemeanor. At the low test level it carries a mandatory minimum of 3 days, which the court can satisfy with a 3-day Driver Intervention Program, up to 6 months in jail, a fine of $565 to $1,075, and a license suspension of 1 to 3 years. A high test result or a qualifying refusal raises the mandatory minimum to 6 days. The court can grant limited driving privileges and, in many cases, unlimited privileges with an ignition interlock device.
The level depends on the chemical test result. A low test is a breath result of .08 to under .17, with matching whole blood, serum, and urine thresholds. A high test is .17 or higher. A high test, or a refusal when you have a prior OVI within twenty years, carries higher mandatory jail minimums and added requirements such as restricted "party" plates and an ignition interlock device.
No. An OVI conviction cannot be expunged or sealed in Ohio. It stays on your record permanently and counts as a prior for ten years, and up to twenty years for certain felony and refusal calculations. This is one of the main reasons it is often worth fighting an OVI charge or seeking a reduction to a non-OVI offense.
Refusing a requested chemical test triggers an administrative license suspension through the BMV that is separate from the criminal case, and the suspension for a refusal is longer than for a failed test. If you have a prior OVI conviction within twenty years, a refusal is charged as a more serious offense and is treated like a high test for sentencing, with higher mandatory jail time. You can challenge the administrative suspension, often at your first court appearance.
An OVI is a felony when you have three or four prior OVI convictions within ten years, five or more within twenty years, or any prior felony OVI. A fourth offense within ten years is a fourth-degree felony, and a new OVI after a prior felony OVI is a third-degree felony. Felony OVI carries mandatory prison or local incarceration, a fine of $1,540 to $10,500, a long license suspension, vehicle forfeiture, and mandatory treatment.
Charged with an OVI in Ohio?
Time matters in an OVI case, especially when your license is at stake. Call now for a free, confidential consultation about protecting your record, your license, and your rights.
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OVI is the term for a violation of Ohio Revised Code Section 4511.19, operating a vehicle under the influence of alcohol or drugs. It is still commonly called a DUI (driving under the influence) or DWI (driving while intoxicated), older names for the same thing: a charge under Section 4511.19 or a similar municipal ordinance.
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