In the state of Ohio, there are some charges that carry mandatory minimum penalties. One of those charges is an OVI charge, which is Ohio’s version of drunk driving. Rather than call it drunk driving, Ohio calls is Operating a Vehicle Under the Influence. Under the influence can mean drugs or alcohol or a combination of them, not just alcohol.

Under Ohio law, if a person who has never been convicted of an OVI or any similar charge like a Physical Control of a Vehicle While Under the Influence, there is a mandatory jail sentence and fine. The minimum sentence a judge must give if a person is convicted of an OVI for the first time is 3 days in jail and a $375 fine. Those 3 days are able to be served in a first offender program also known as the Driver’s Intervention Program. Typically it is a program held at a hotel where the offender will go through some classes and do an alcohol assessment too. The programs in Northwest Ohio are usually Thursday night through Sunday night. Those classes do cost around $600-$700 depending on which provider you use.

The maximum penalty that a judge is able to give on a misdemeanor OVI is 6 months in jail and a $1075 fine. That is the most the judge is able to give by law. In my experience in courts in Northwest Ohio, I have never seen a judge give 6 months in jail for a first offense. Many tend to do the mandatory minimum but it depends on the judge and the facts of the case. Every case is different.

If a person has one prior qualifying conviction, the mandatory minimums go up. The lookback period for these convictions is 10 years. So if someone has a prior OVI conviction 20 years ago, it is beyond the 10 year lookback period so the mandatory minimum could be treated as a first offense OVI. The judge can still give up to 180 days on the conviction, but the judge is only required to give 3 days in jail or the drivers intervention program. So if a person has a 2nd qualifying conviction within the last 10 years, the judge must give either give 10 days in jail, or 5 days in jail and 18 days on house arrest electronic monitoring. The mandatory fine on that is $525, and an alcohol assessment is mandatory if found guilty.

There is also something called a high tier test. If a person submits to a breath test, and that result is over .17 BAC, then that is classified as a high tier test. If a person is found guilty of a high tier test and it is their first offense, the mandatory minimums are 6 days in jail or 3 days in jail and 3 days in the Drivers Intervention Program. If a person has 1 prior OVI or other conviction that counts as a prior conviction and the new conviction is for a high tier test, then the mandatory minimums are 20 days in jail, or 10 days in jail and 36 days on house arrest electronic monitoring.

As you can see, the more priors that a person has, the more severe the penalties become. The mandatory fine for a 2nd conviction within 10 years is $525.

There are also license suspensions put in place when someone is convicted. Depending on the facts of the case, the judge can impose a suspension, or the BMV will impose a suspension for either refusing a breath test or for blowing over the presumptive legal limit of .08. These suspensions depend largely on the facts of the case and which judge you are in front of. Some judges will let the BMV suspension continue and impose no judicial suspension, and some judges will impose their own suspensions and vacate the suspension by the BMV. It is all a very fact specific and judge specific analysis.

Once a person has a 3rd OVI conviction, the penalties get even harsher. The mandatory minimums on a 3rd conviction within 10 years is 30 days in jail or 15 days in jail and 55 days house arrest with electronic monitoring. If it is a high tier test (over .17 BAC) then the mandatory minimums are 60 days in jail or 30 days in jail and 110 days on house arrest electronic monitoring. The mandatory fine for a person convicted of their 3rd OVI in 10 years is $850.

Once a person gets their 4th or 5th OVI in 10 years, or 6th OVI within 20 years it can even be charged as a felony and the penalties get even harsher.

The penalties for OVI in the state of Ohio will get progressively more severe when a person has prior qualifying convictions. Not only is there mandatory jail time, there are also license suspensions, fines, restricted plates, mandatory alcohol assessments, and possible vehicle seizure or immobilization.

If you or a loved one have been charged with an OVI and need to talk to an attorney, call Brian C. Morrissey, Attorney at Law at 419-830-7441 for a free consultation.