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OVI / DUI  Defense

That which was once always known as a DUI (Driving Under the Influence) is now in Ohio known as OVI (Operating a Vehicle under Impairment).  These offenses are the same for all intents and purposes, and they are codified under R.C. 4511.19.  

 

An OVI is what is known as an enhanceable offense, meaning each subsequent offense increases the penalties.  It is always important to fight these offenses as they are very nuanced and even officers regularly make mistakes in the course of the arrest that are imperceptible to those untrained.

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Our team of attorneys, investigator, and paralegals work to identify the possible issues in multiple ways from reviewing the scene of the traffic stop, the documents provided, the procedure followed the dash camera and body cameras.  We have attorneys and our investigator is trained in all the same methodologies the officers are to ensure they aren't breaking the law.

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You cannot have an OVI expunged in Ohio.  You will have to fight to avoid the conviction, as you cannot have a DUI expunged in Ohio.  The same answer is true for sealing.  You cannot have an OVI or a DUI sealed in Ohio.

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What penalties am I facing for an OVI / DUI?

The penalty for an OVI / DUI changes with each additional offense.  Accordingly, the table below should provide some guidance to help you understand the minimum and maximum penalty.  

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What penalty am I facing for a first OVI / DUI in Ohio?

1st Offense - Low Test (BAC: .08 - .16)

- 1st Degree Misdemeanor 

- Jail: 3 Days - 6 Months 

- Driver Intervention Program (in lieu of 3 days Jail)

- Fine: $375 - $1,075

- License Suspension: 6 Months - 3 Years

- Limited Driving Privileges (after 15 days)

- Yellow OVI Plates - Not Mandatory

- Vehicle Immobilization - No

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1st Offense - High Test or Refusal 

- 1st Degree Misdemeanor 

- Jail:  6 Days - 6 Months

- Driver Intervention Program (in lieu of 3 days Jail)

- Fine: $375 - $1,075

- License Suspension: 6 Months - 3 Years

- Limited Driving Privileges (after 15 days) (Note: if Refusal, then 30 days)

- Yellow OVI Plates - Not Mandatory

- Vehicle Immobilization - No

What penalty am I facing for a second OVI / DUI in Ohio?

2nd Offense in 10 Years - Low Test (BAC: .08 - .16)

- 1st Degree Misdemeanor 

- Jail: 10 Days - 6 Months 

- Fine: $525 - $1,625

- License Suspension: 1 Year - 5 Years

- Limited Driving Privileges (after 45 days)

- Yellow OVI Plates Mandatory

- Vehicle Immobilization - 90 Days; Ignition Interlock

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2nd Offense in 10 Years- High Test or Refusal 

- 1st Degree Misdemeanor 

- Jail:  20 Days - 6 Months

- Fine: $525 - $1,625

- License Suspension: 6 Months - 3 Years

- Limited Driving Privileges (after 45 days) (Note: if Refusal, then 90 Days)

- Yellow OVI Plates Mandatory

- Vehicle Immobilization - 90 Days; Ignition Interlock

What penalty am I facing for a third OVI / DUI in Ohio?

3rd Offense - Low Test (BAC: .08 - .16)

- Unclassified Misdemeanor 

- Jail: 30 Days - 1 Year 

- Fine: $850 - $2,750

- License Suspension: 2 Years - 10 Years

- Limited Driving Privileges (after 180 days)

- Yellow OVI Plates Mandatory

- Vehicle Forfeiture if Registered to Accused â€‹

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3rd Offense - High Test or Refusal 

- Unclassified Misdemeanor 

- Jail:  60 Days - 1 Year

- Fine: $850 - $2,750

- License Suspension: 2 Years - 10 Years

- Limited Driving Privileges (after 180 days) (Note: if Refusal, then 3 years)

- Yellow OVI Plates Mandatory

- Vehicle Forfeiture if Registered to Accused 

What penalty am I facing for a fourth OVI / DUI in Ohio?

4th Offense in 10 Years - Low Test (BAC: .08 - .16)

- 4th Degree Felony 

- Jail: 60 Days - 1 Year 

- Fine: $1,350 - $10,500

- License Suspension: 3 Years - Life

- Limited Driving Privileges (after 3 Years)

- Yellow OVI Plates Mandatory

- Vehicle Forfeiture if Registered to Accused​

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4th Offense in 10 Years- High Test or Refusal 

- 4th Degree Felony 

- Jail:  120 Days - 1 Year

- Fine: $1,350 - $10,500

- License Suspension: 3 Years - Life

- Limited Driving Privileges (after 3 Years) (Note: if 3 Refusals in last ten (10) years, then never)

- Yellow OVI Plates Mandatory

- Vehicle Forfeiture if Registered to Accused

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