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 Offense||Degree of Offense||Incarceration||Fines||Treatment||License Suspension||Driving Privileges||Restricted plates / interlock||Immobilization / Forfeiture|
|2nd offense in 10 years [simple OVI, low test or drug]||M-1||10 days in jail or 5 days in jail and 18 days HAEM* and/or CAM* Up to 6 months||$375-$1,625||Alcohol/drug assessment and recommended treatment mandatory||1 – 7 years||After 45 days||Plates 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 years||M-1||20 days in jail or 10 days in jail and 36 days HAEM* and/or CAM* Up to 6 months||$525-$1,625||Alcohol/drug assessment and recommended treatment mandatory||1-7 years||After 45 days||Plates 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.
- 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.
- 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.