top of page

SECOND OFFENSE WITHIN TEN YEARS

CONTACT US: 513-752-0001. HERE TO LISTEN. HERE TO HELP.

All Ohio DUI/OVI charges have serious consequences, however, most drivers are not aware that even a first time offender faces mandatory jail time or in-patient treatment.  Unfortunately, Ohio judges do not have the discretion to go below the mandatory minimum sentences in an Ohio DUI/OVI case. 

MINIMUM PENALTIES FOR SECOND TIME DUI/OVI WITH LOW-TIER CHEMICAL TEST

In Ohio, if a defendant is found guilty of a DUI/OVI and has a prior DUI/OVI conviction in the past ten years, at the minimum, he or she will be sentenced to all of the following: (1) ten days in jail or five days in jail plus eighteen days on house arrest; (2) a $525 fine plus other financial sanctions; and (3) a one-year license suspension; and (4) a 90-day immobilization of the Defendant's vehicle if he was driving it at the time of the arrest.  

MAXIMUM PENALTIES FOR SECOND TIME DUI/OVI WITH LOW-TIER CHEMICAL TEST

Just as the judge cannot deviate below the minimum penalties for a second Ohio DUI/OVI, the judge also has maximum penalties that she cannot exceed.  The maximum penalties are as follows: (1) six months in jail; (2) a $1625 fine plus other financial sanctions; (3) a seven-year license suspension; (4) reporting probation with court-ordered drug and alcohol treatment for up to five years; (5) Special Ohio DUI/OVI license plates and ignition interlock; (5) a 90-day immobilization of the Defendant's vehicle if he was driving it at the time of the arrest.  

MINIMUM PENALTIES FOR SECOND TIME DUI/OVI WITH HIGH-TIER CHEMICAL TEST

If a defendant is found guilty of a second DUI/OVI in an Ohio court, at the minimum, he or she will be sentenced to all of the following: (1) twenty days in jail or ten days in jail plus thirty six days on house arrest; (2) a $525 fine plus other financial sanctions; and (3) a one-year license suspension; (4) probation with mandatory drug and alcohol treatment; (5)   

MAXIMUM PENALTIES FOR SECOND TIME DUI/OVI WITH HIGH-TIER CHEMICAL TEST

The maximum penalties for a "high tier" second offense are as follows: (1) six months in jail; (2) a $1625 fine plus other financial sanctions; (3) a seven-year license suspension; (4) reporting probation with mandatory court-ordered drug and alcohol treatment for up to five years; (5) Special Ohio DUI / OVI license plates and ignition interlock; (6) a 90-day immobilization of the Defendant's vehicle if he was driving it at the time of the arrest.  

THIRD OFFENSE WITHIN TEN YEARS

All Ohio DUI/OVI charges have serious consequences, however, most drivers are not aware that even a first time offender faces mandatory jail time or in-patient treatment.  Unfortunately, Ohio judges do not have the discretion to go below the mandatory minimum sentences in an Ohio DUI/OVI case. 

MINIMUM PENALTIES FOR THIRD TIME DUI/OVI WITH LOW-TIER CHEMICAL TEST

In Ohio, if a defendant is found guilty of a DUI/OVI and has two prior DUI/OVI convictions in the past ten years, at the minimum, he or she will be sentenced to all of the following: (1) thirty days in jail or fifteen days in jail plus fifty-five days on house arrest; (2) an $850 fine plus other financial sanctions; and (3) a two-year license suspension; (4) probation with mandatory drug and alcohol treatment; (5) mandatory special DUI/OVI license plates and ignition interlock; (6) forfeiture of the Defendant's vehicle if it is owned by him and he was driving it at the time of the offense. 

MAXIMUM PENALTIES FOR THIRD TIME DUI/OVI WITH LOW-TIER CHEMICAL TEST

Just as the judge cannot deviate below the minimum penalties for a third Ohio DUI/OVI, the judge also has maximum penalties that she cannot exceed.  The maximum penalties are as follows: (1) one year in jail; (2) a $2750 fine plus other financial sanctions; (3) a twelve-year license suspension; (4) probation with mandatory drug and alcohol treatment; probation with court-ordered drug and alcohol treatment; (5) mandatory special Ohio DUI/OVI license plates and ignition interlock; (5) forfeiture of the Defendant's vehicle if it is owned by him and he was driving it at the time of the offense.

MINIMUM PENALTIES FOR THIRD TIME DUI/OVI WITH HIGH-TIER CHEMICAL TEST

In Ohio, if a defendant is found guilty of a "high tier" DUI/OVI and has two prior DUI/OVI convictions in the past ten years, at the minimum, he or she will be sentenced to all of the following: (1) sixty days in jail or thirty days in jail plus 110 days on house arrest; (2) an $850 fine plus other financial sanctions; and (3) a two-year license suspension; (4) probation with mandatory drug and alcohol treatment; (5) mandatory special DUI/OVI license plates and ignition interlock; (6) forfeiture of the Defendant's vehicle if it is owned by him and he was driving it at the time of the offense. 

MAXIMUM PENALTIES FOR THIRD TIME DUI/OVI WITH HIGH-TIER CHEMICAL TEST

The maximum penalties for a "high tier" third DUI/OVI are as follows: (1) one year in jail; (2) a $2750 fine plus other financial sanctions; (3) a twelve-year license suspension; (4) probation with mandatory drug and alcohol treatment; probation with court-ordered drug and alcohol treatment; (5) mandatory special Ohio DUI/OVI license plates and ignition interlock; (5) forfeiture of the Defendant's vehicle if it is owned by him and he was driving it at the time of the offense.

Tekulve Law

Attorney Advertising. This website is designed for general information only. Any information you obtain from this website should not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should consult an attorney for information on obtaining formal legal advice. 

© 2020 by Tekulve Law

785 Ohio Pike, Cincinnati, Ohio 45245

Tel: (513) 752-0001 / Fax: (513) 752-0289

  • White LinkedIn Icon
  • White Facebook Icon
bottom of page