OVI Third Offense Penalties

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 altogether, if the arresting officer did not follow proper protocol. Call Funkhouser Law for peer-rated representation.

Any multiple prior OVI convictions, within the last 10 years, will result in the new offense being consider an unclassified misdemeanor resulting in greater penalties imposed by the court. The penalties are outlined below:

No. & Type of OffenseDegree of OffenseIncarcerationFinesTreatmentLicense SuspensionDriving PrivilegesRestricted plates / interlockImmobilization / Forfeiture
3rd offense in 10 years [simple OVI, low test or drug]Unclassified Misdemeanor30 days in jail or 15 days jail and 55 days HAEM* and/or CAM*. Up to 1 year.$850-$2,750Alcohol / drug assessment and recommended treatment mandatory2-12 years [minimum may be reduced to 1 year]After 180 daysPlates required. License / Interlock required if alcohol-related optional if drug.Forfeiture if registered to Defendant.
3rd offense in 10 years and either: [a] high test, or [b] refusal with prior in 20 yearsUnclassified Misdemeanor60 days in jail or 30 days jail and 110 days HAEM* and/or CAM*. Up to 1 years$850-2,750Alcohol / drug assessment and recommended treatment mandatory2-12 years [minimum may be reduced to 1 year]After 180 daysPlates required. License / Interlock required if alcohol – related optional if drug.Forfeiture if registered to Defendant.

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

Administrative Requirements:

Ignition interlock devices

  • 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.

Treatment or assessments

  • Alcohol and drug treatment programs at your own expense are mandatory.

Reinstatement fee = $450

Criminal Penalties:

If blood alcohol concentration (BAC) was between .08%-.17%:

  • Minimum jail sentence of 30 days (in some cases, 15 days in jail in addition to electronic monitoring);
  • The court can, within its discretion, order a jail sentence of up to 1 months.
  • Fine of between $550 and $2,500, not including costs incurred in completing terms of sentence, which may include costs of driver intervention program and license reinstatement.

If BAC above .17:

  • Minimum jail sentence of 60 days, maximum of 1 year (in some cases, 30 days in jail in addition to electronic monitoring);
  • Fine of between $550 and $2,500, not including costs incurred in completing terms of sentence, which may include costs of driver intervention program and license reinstatement.