Penalities in Ohio for Driving Under the Influence

April 7, 2014

The penalites for driving under the influence in Ohio can be severe, even if you are a first time offender.  If  stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the law enforcement official can take your driver’s license on the spot, and the suspension begins immediately.  This is known as the Administrative License Suspension or ALS Suspension.  This suspension can be anywhere from 90 days up to 5 years depending on your prior record and whether you tested over the legal limit or refused.  There is also a period of time where you will not be eligible for any driving privileges.  This suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.


The penalties for driving under the influence in Ohio range as follows:

FIRST OFFENSE

  • Jail - A minimum of 72 consecutive hours in jail or a driver's intervention program.
  • Fine - A minimum of $375 plus court costs.
  • Driver License Suspension - A minimum period of six months potentially up to three years.
  • A test over .17 BAC, or a refusal with a prior in the previous 20 years, doubles the mandatory jail time to six days jail (or three days jail and three days in the driver's intervention program). It also makes the restricted license plates mandatory.

SECOND OFFENSE

  • Jail - A minimum or ten days.
  • Fine - A minimum of $525 plus court costs.
  • Driver License Suspension - A minimum of one year up to five years.
  • Mandatory restricted license plates
  • Mandatory 90 days immobilization of the vehicle used if titled to the offender when the offense was committed.
  • A test over .17 BAC, or a refusal with a prior in the previous 20 years, doubles the mandatory jail time to twenty days.

THIRD OFFENSE

  • Jail - A minimum of 30 days.
  • Fine - A minimum of $850 plus court costs.
  • Driver License Suspension - a minimum of two years up to ten years
  • Mandatory restricted plates
  • Mandatory forfeiture of the vehicle used if titled to the defendant when the offense is committed.

FELONY DUI OFFENSES

  • A fourth or fifth offense in six years, or a sixth offense in twenty years, constitutes a felony DUI.
  • Once you have a Felony DUI on your record, all future DUI charges are felonies.
  • Felony DUI offenses carry mandatory jail and/or prison sentences, minimum fines of $850 plus court costs, mandatory license suspensions of 3 years to life, mandatory restricted plates  vehicle forfeiture and treatment programs.

DUI penalites can be complicated.  It is best that you consult with an attorney to determine what penalites you might be facing and how the charges can be adequately defended.  Call the attorneys at Schuh & Goldberg today for a free consultation on how to best defend your DUI case. 

 

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