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Ohio Drunk Driving and DWI Penalties

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When you are stopped for suspicion of DUI or OVI, police officers will conduct breathalyzer and other field sobriety tests. If you’re intoxicated, an officer can suspend your license on the spot, a measure called an Administrative License Suspension. If you refuse field sobriety testing, your license is automatically suspended temporarily.

Even if you were not involved in an accident, you could spend up to a year in jail, lose your car, have your license permanently revoked and be subject to fines up to $10,000. The Columbus, Ohio, DUI and DWI defense attorneys at Yavitch & Palmer are experienced with the scientific and legal procedures for proving DUI and DWI charges, and are dedicated to achieving positive results for all clients.

Penalties, Fines and Sentencing

These are general provisions.  Each city within Ohio has its own code and penalty provisions.  The Ohio State legislature has made many changes of late, and continues to make changes regularly.  The lawyers at Yavitch & Palmer Co., L.P.A. stay on top of these changes and consistently review the legislative enactments for issues that affect the OVI practice.

1st Offense

  • Administrative License Suspension (ALS) for a prohibited BAC
  • ALS for test refusal = one year license suspension
  • Jail – Minimum of three consecutive days or 3-day driver intervention program
  • Fine – Minimum $200 and not more than $1,000
  • Court License Suspension – 6 months to 3 years

2nd Offense

  • ALS for one year for a prohibited BAC
  • ALS for test refusal = two year license suspension
  • Jail – Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months
  • Fine – Minimum $300 and not more than $1,500
  • Discretionary driver’s intervention program
  • Vehicle immobilization and plates impounded for 90 days
  • Court License Suspension – 1 year to 5 years

3rd Offense

  • ALS for two years for a prohibited BAC
  • ALS for test refusal = three year license suspension
  • Jail – Minimum 30 days to one year
  • Alternative sentence – 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year
  • Fine – Minimum $500 and not more than $2,500
  • Mandatory attendance in an alcohol treatment program paid for by offender
  • Vehicle immobilization and plates impounded for 180 days
  • Court License Suspension – 1 year to 10 years

Four or More Offenses

  • ALS for three years for a prohibited BAC
  • ALS for test refusal = five years license suspension
  • Minimum of 60 consecutive days and up to one year in jail
  • Fine – Minimum $750 and not more than $10,000
  • Mandatory drug/alcohol treatment program paid for by offender
  • Vehicle Forfeiture – Mandatory criminal forfeiture of vehicle operated by offender, imposed by court
  • Court License Suspension – 3 years to Permanent Revocation

Vehicle Forfeiture

You will permanently forfeit your vehicle, by order of the court for your:

  • 3rd DUI offense within six years
  • 3rd offense or more of Driving under FRA suspension within five years
  • 2nd offense of a vehicle owner knowingly permitting a person whose license is suspended to drive their vehicle
  • 1st offense of driving a vehicle that is immobilized with license plates impounded.

The Columbus criminal defense attorneys at Yavitch & Palmer stand ready to assist you in the legal arena if you are facing DUI, DWI or OMVI charges in Ohio. Call our law firm at 614-224-6142 to arrange an appointment or contact us online.

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