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You may be convicted of OVI in Ohio if you are driving with a blood alcohol level (BAC) of 0.08 % or more.
Yes. If you are under the age of 21 and driving with a blood alcohol level (BAC) of 0.02% or more, you can be convicted of OVI under Ohio law.
As is the case in many states, if you refuse to take one or more of these tests, and are arrested as a result, you can face harsher penalties than if you had agreed to the testing. For instance, if it is your first OVI offense and you refuse testing, you automatically will face an administrative license suspension (ALS) of one year. Furthermore, if you refuse testing and you have had at least two previous OVI convictions, law enforcement will require you to undergo testing using whatever reasonable means are necessary.
If you are convicted of OVI in Ohio for the first time, you are subject to suspension of your driver’s license, a jail term of three days (doubles if BAC over 0.17) and/or a three-day driver intervention program, and fines ranging from $375 - $1,000.
The penalties for a second OVI conviction, within 6 years of the first, include a mandatory 10 day jail sentence (doubles if BAC over 0.17), mandatory alcohol/drug treatment program attendance, driver’s license suspension, 90 day vehicle and license plate impoundment, electronic home monitoring, and fines between $525-$1,625.
A third OVI conviction in Ohio within 6 years will result in suspension of your driver’s license, 30 days to one year in jail (or 15 days of jail plus 55 days to one year of home detention), fines ranging from $850 - $2,750, mandatory participation in an alcohol treatment program at your own cost, and impoundment of your vehicle and license plates for 180 days.
If you are convicted of OVI in Ohio four or more times you will be guilty of a felony offense, you face a lengthy license suspension, with the possibility of permanent license loss, At least 60 days in jail and a year in prison, fines ranging from $1,300 to $10,500, mandatory participation in an alcohol treatment program at your own cost, and forfeiture of your vehicle by the court.
If you are stopped for OVI and either refuse to consent to chemical testing, or testing reveals that you have a blood alcohol level (BAC) of 0.08% or greater, law enforcement officials can immediately suspended your license through an administrative process (ALS). The duration of your ALS depends upon your previous record of offenses and/or test refusals, and can last from 90 days to five years.
If you are convicted of OVI in Ohio two times or more, you will be referred for assessment and/or treatment for alcohol or other substance abuse.
If it is your first conviction for OVI in Ohio, you can lose your license for a period of six months to three years.
Yes. You can appeal the administrative suspension of your driver’s license by the BMV at an administrative hearing, which must be held within five days of your administrative license suspension (ALS).
You must go to a Bureau of Motor Vehicles (BMV) reinstatement center, pay a reinstatement fee, and show proof of insurance in order to have your driver’s license reinstated. If your OVI conviction occurred on or after September 30, 2008, the reinstatement fee is $475.00.
Yes. Vehicle confiscation becomes a remedy in OVI cases under Ohio law once you have had at least four OVI convictions.
If you are caught driving while your license is suspended for OVI in Ohio, your vehicle can be immobilized and your license plates can be impounded for a period of 30 days, for a first offense. A second offense can result in 60 days of impoundment, and a third offense can result in the permanent forfeiture of your vehicle.
A court can order immobilization of a vehicle waived if the family petitions the court and demonstrates that continued immobilization would cause undue hardship to the family.
Finding a qualified OVI/criminal defense attorney could mean the difference between found guilty and not guilty at trial. An experienced OVI attorney will be able to discuss the strengths and weaknesses of your case and advise you on a course of action moving forward. A good first step in finding the right attorney is to get a free consultation from an Ohio OVI lawyer.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.