Misdemeanor Level

Ohio DUI penalties are among some of the toughest in the nation. Ohio DUI penalties include minimum jail terms, driver intervention programs, license suspensions, fines, probation, restricted plates, interlock devices, and reinstatement fees. In some instances, a DUI conviction may lead to mandatory treatment programs, vehicle immobilization and/or forfeiture, ignition interlock, electronically monitored house arrest (EMHA), continuous alcohol monitoring (CAM), and prison.

If you are convicted, or plead guilty, to an Ohio DUI offense, the judge determines the appropriate sentence. There are certain minimum penalties that are required by statute. The charts below are provided to illustrate the myriad of Ohio DUI penalties.

• Misdemeanor of the 1st Degree.
• Minimum 3 days in jail or a driver intervention program with probation. Maximum of 6 months in jail.
• Minimum $375 fine. Maximum of $1,075 fine.
• Treatment may be ordered.
• Mandatory license suspension of 6 months to 3 years.
• Driving privileges not available for first 15 days.
• Optional yellow license plates (the DUI plates) and Interlock device.

1st DUI Conviction in 6 Years And Either High-End Test or Any Prior in 20 Years And Refusal

• Misdemeanor of the 1st Degree.
• Minimum 6 days in jail or 3 days in jail and 3 days in driver intervention program. Maximum 6 months in jail.
• Minimum $375 fine. Maximum of $1,075 fine.
• Treatment may be ordered.
• Mandatory license suspension of 6 months to 3 years.
• Driving privileges not available for first 15 days.
• Mandatory yellow license plates (the DUI plates) for high-end test. Interlock device optional.

2nd DUI Conviction in 6 Years

• Misdemeanor of the 1st Degree.
• Minimum 10 days in jail or 5 days in jail and 18 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring. Maximum 6 months in jail.
• Minimum $525 fine. Maximum of $1,625 fine.
• Alcohol/drug assessment and following recommendations mandatory.
• Mandatory license suspension of 1 to 5 years.
• Driving privileges not available for first 45 days.
• Vehicle immobilized for 90 days if registered to defendant.
• Mandatory restricted plates (the DUI plates). Interlock device required if offense is alcohol related.

2nd DUI Conviction in 6 Years And Either High-End Test or Any Prior in 20 Years And Refusal

• Misdemeanor of the 1st Degree.
• Minimum 20 days in jail or 10 days in jail and 36 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring. Maximum 6 months in jail.
• Minimum $525 fine. Maximum of $1,625 fine.
• Alcohol/drug assessment and following recommendations mandatory.
• Mandatory license suspension of 1 to 5 years.
• Driving privileges not available for first 45 days.
• Vehicle immobilized for 90 days if registered to defendant.
• Mandatory restricted plates (the DUI plates). Interlock device required if offense is alcohol related.

3rd DUI Conviction and Beyond

• DUI penalties continue to increase the more you are convicted of DUI.
• With 3 or more prior DUIs within 6 years, any further DUI is a 4th Degree Felony.
• With 5 or more prior DUIs within 20 years, any further DUI is a 4th Degree Felony.
• Fines increase to range from $850 minimum to $10,500 maximum.
• Mandatory treatment, license suspension (including lifetime suspensions), vehicle forfeiture, mandatory DUI plates and Interlock devices.

The information on this page should only be taken as representative of DUI penalties. DUI and its penalties are subject to constant change by the Ohio legislature. Ohio DUI Penalties are tough, and traditionally have only gotten tougher.

Alcohol Assessment & Treatment

So you are wondering what, if any, alcohol counseling you are going to have to do. Generally speaking, if you do not have a prior DUI arrest, you may or may not have to do a 3 day alcohol education program. However, if you have high-risk indicators of being re-arrested for DUI in the future, then prepare for an open, honest, and candid conversation. We can either deal with alcohol (or drugs) in your life or wait for the Judge to dive into them in a few months. If you wait for the Judge, you will lose control over where you get counseling and you could get stuck someplace that is not very good for you.

Alcohol Assessments – if you are under the age of 21, plan on going to see an alcohol counselor. If you have another high risk factor, we will suggest you speak to a counselor for an assessment. This is for your benefit, not our’s. There is nothing worse that standing next to a client on their sentencing day and having a Judge assume the worst about our client. If you come out with a clean bill of health-great! If you are recommended for some ongoing counseling – great! Either way, the Judge will love it.

3-Day Alcohol Education Programs – the fact is that more people do these programs than is necessary. We will only recommend them on 2 occasions (1) it will help our negotiations or (2) it is a condition of getting a favorable plea bargain. Other than that, if it comes your way, it is being court-ordered and there is nothing we can do about it.

There are multiple facilities in Central Ohio. They average about $400.00 and typically are held from Thursdays 6:00 p.m. – Sundays 6:00 p.m. They are 72 consecutive hours.

Outpatient Counseling – most outpatient counseling is held at Focus Health, Talbott Hall, or one of the other alcohol treatment facilities in Ohio. Normally, outpatient is going to be an Intensive Outpatient Program (“IOP”). IOP generally consists of 3 hours per day, 3 days per week, for 6 weeks. This is great information for us to use in your case if you do IOP.

Yellow Plates

The majority of the time, we can avoid yellow plates for our clients. The “DUI Plates” are mandatory for certain 1st offenders and nearly every 2d, 3rd, and 4th offender. However, if you are a 1st, 2nd, or 3rd offender, there may be a way to avoid this humiliating and useless sentence.

In certain circumstances if you are convicted of a DUI, you will be required to place the DUI yellow license plates on your vehicle in order to drive. Aside from the inconvenience of re-registering your car with the BMV, the yellow license plates are a scarlet letter that lets other drivers and the police know of your conviction.

Generally, if your conviction is the 1st in any 6 year period, and does not involve a high test, the yellow license plates are optional for the judge to order. For some judges, however, these plates will be required as a condition of driving privileges even on a 1st offense. For those with high test DUIs or multiple convictions, the DUI yellow license plates are generally mandatory.

Expungement

In Ohio, DUI/OVI’s cannot be expunged; in addition if you have been convicted of a DUI or OVI any other criminal charges which you are later convicted of cannot be expunged. It’s important you get legal representation when charged with DUI. Without legal representation, you could have the stigma of being convicted of a DUI/OVI in Ohio for the rest of your life.