OVI Second Offense Penalties ORC § 4511.19

6 points if convicted

In Ohio, an OVI conviction will stay on your record for the rest of your life unless it is properly defended. However, a defense attorney at Funkhouser Law can often plead the charges down to a lesser offense, lessen the penalties or get the charges dismissed, if the arresting officer did not follow proper procedure, the testing was invalid or a jury finds reasonable doubt. Call Funkhouser Law for peer-rated representation.

Any prior OVI conviction or plea of guilty, within the last 10 years, will result in greater penalties imposed by the court. The penalties are outlined below:

No. & Type of OffenseDegree of OffenseIncarcerationFinesTreatmentLicense SuspensionDriving PrivilegesRestricted plates / interlockImmobilization / Forfeiture
2nd offense in 10 years [simple OVI, low test or drug]M-110 days in jail or 5 days in jail and 18 days HAEM* and/or CAM* Up to 6 months$375-$1,625Alcohol/drug assessment and recommended treatment mandatory1 – 7 yearsAfter 45 daysPlates optional. License/interlock required if alcohol related, optional if drug.Immobilize 90 days if registered to defendant.
2nd offense in 10 years and either: [a] high test, or [b] refusal with prior in 20 yearsM-120 days in jail or 10 days in jail and 36 days HAEM* and/or CAM* Up to 6 months$525-$1,625Alcohol/drug assessment and recommended treatment mandatory1-7 yearsAfter 45 daysPlates required. License/interlock required if alcohol related, optional if drug.Immobilize 90 days if registered to defendant.

*CAM is continuous alcohol monitoring.
*HAEM is house arrest with electronic monitoring.

Administrative Penalties
  • Vehicle immobilization for 90 days;
  • To reinstate the license, a $250 fee must be paid to the DMV and the driver must show proof of insurance;
  • Yellow “party plates”;
  • Ignition interlock device:
    • If the court determines that you need your license in order to get to work due to the hardship such a restriction would otherwise impose, the court may require an ignition interlock device, which requires one to breath into a machine in order to start the car.

Criminal Penalties

  • The court must sentence a second-time DUI offender to a minimum 10-day jail sentence, but not longer than 6 months, or a combination of jail, house arrest, and continuous alcohol monitoring;
  • The court can also order the offender to attend and complete an alcohol treatment program;
  • Minimum driver’s license suspension of 1 year with the possibility of privileges available after 45 days;
  • The court will order the offender to pay a minimum fine of $525, but not more than $1,625.