Columbus OVI/DUI Attorney Blog
With St. Patrick’s Day around the corner, many people in Ohio will be celebrating at bars. Most of those people will drive home, and some of those people will be arrested for DUI (called ‘OVI’ in Ohio). How many of those arrests will involve drivers who have already been convicted of OVI at least once? How are repeat OVI offenses in Ohio treated differently than first offenses?
How Many OVI Arrests Involve Repeat Offenders?
The Ohio State Highway Patrol OSHP maintains data regarding the agency’s OVI arrests on the OSHP OVI Dashboard. In the five-year period of 2020 through 2024, OSHP arrested 80,081 people. Of those arrested for OVI, 30% were ‘repeat offenders’.
It is unclear from the OSHP data how that agency defines ‘repeat offender’. In Ohio OVI law, a repeat offender typically means a person with one or more prior OVI conviction(s) within the ten-year period before their current arrest. Repeat OVIs are treated differently in sentencing (after conviction) and also while the case is pending (before conviction).
Repeat OVIs: Differences Before Conviction
The first difference a repeat OVI arrestee may encounter is seizure of their vehicle. While the vehicle of a first-offender can be towed, it is typically only held until the following day and does not require a court-order for release. For a second offense (or more) within ten years, the driver’s vehicle is seized and held until a court orders release or relocation of the vehicle.
The second difference, before a conviction, is the Administrative License Suspension (ALS). For a first-offense OVI, the ALS is 90 days for a test ‘over the limit’ or one year for a test refusal. For a second-offense, the ALS is one year for a test ‘over the limit’ or two years for a test refusal. The length of the ALS increases with subsequent convictions. The waiting period for driving privileges also increases, and driving privileges are conditioned upon the use of an ignition interlock device.
Repeat OVIs: Differences After Conviction
After a person is convicted of OVI, the judge imposes a sentence. The potential sentence imposed for an OVI conviction generally depends upon the number of prior OVI convictions within the past ten years. There are multiple parts of the sentence.
Jail Term. For a first offense, the mandatory jail term is three days to six months, but a judge can permit the minimum term to be served in a driver intervention program rather than a jail. For a second offense, the minimum jail term is ten consecutive days, which must be served in a jail. For a third offense, the jail term is 30 days to 12 months. For a fourth offense, the term of incarceration is 60 days to 30 months.
License Suspension. For a first offense, the driver’s license suspension is one year to three years. For a second offense, the suspension is one year to seven years. For a third offense, the suspension is two years to 12 years. For a fourth offense, the suspension is three years to life.
Fine. For a first offense, the fine is $565 to $1,075. For a second offense, the fine is $715 to $1,625. For a third offense, the fine is $1,040 to $2,750. For a fourth offense, the fine is $1,540 to $10,500.
Ignition Interlock. For a first offense, the use of an ignition interlock device is not mandatory. For all subsequent offenses within ten years, use of an ignition interlock device is a mandatory condition of driving privileges for all alcohol-related OVIs.
Restricted (Yellow) License Plates. For a first offense, restricted plates are not mandatory. For all subsequent offenses within ten years, restricted plates are a mandatory condition of driving privileges for all OVIs.
Ohio law treats repeat OVI offenses differently than first offenses. The differences occur both before the conviction and after the conviction, and the mandatory penalties increase with each conviction. For a person facing an OVI charge, it is wise to consult a skilled Ohio OVI attorney.