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Ohio Driving Under the Influence Second Felony Offense Penalties

Judges do not have the ability to go below these minimums!


You need to answer these questions:

  1. Is this your second felony OVI (lifetime)?

  2. Is this alcohol or drugs?

  3. Did you take the test?

  4. Were the results of the breath test over 0.17 BAC?

  5. Do you have a prior refusal in the last twenty years?


Second Felony (lifetime) and Under 0.17 BAC or Drugs

  • Sixty days in prison with an option of up to five years.

  • A fine of between at least $1,350 and at most $10,500.

  • A license suspension of at least three years to at most life.  Driving privileges can be requested but only after three year hard suspension.  You must not drive for three years of your arrest.  Only then can you ask the judge to grant you privileges.

  • The judge must require an alcohol  or drug addiction program.

  • The judge must require you to have restricted license plates (party plates-the red on yellow license plates).

  • The judge must require you place an interlock on your car that requires you prove you have not been drinking if this is alcohol related.

  • If the vehicle is registered to you, the vehicle must forfeited to the arresting agency.


Second Felony (lifetime) and

--  at or over 0.17 BAC or

--  any refusal

  • 120 in prison with an option of up to five years.

  • A fine of between at least $850 and at most $2,750.

  • A license suspension of at least two to at most ten years.  Driving privileges can be requested but only after a 180 day hard suspension.  You must not drive for 180 days of your arrest.  Only then can you ask the judge to grant you privileges.  If this is a refusal, and it is your first refusal, there is a 180 day hard suspension.  A second refusal is 180 days.  A third refusal is a year.  Anything over the third refusal requires a three year hard suspension.

  • The judge must require an alcohol  or drug addiction program.

  • The judge must require you to have restricted license plates (party plates-the red on yellow license plates).

  • The judge must require you place an interlock on your car that requires you prove you have not been drinking if this is alcohol related.

  • If the vehicle is registered to you, the vehicle must forfeited to the arresting agency.


Return to OVI penalties - click here

The OVI page - click here