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Ohio Driving Under the Influence Third Offense Penalties

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


You need to answer these questions:

  1. Is this your third OVI in six years?

  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?


Third in Six Years and Under 0.17 BAC or Drugs

If this is your third OVI in six years, you took the breath test and blew less than 0.17 of one percent by weight per unit volume of alcohol in your whole blood or if this is an arrest having to do with drugs:

  • Thirty to 365 consecutive days in jail.

  • 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.

  • 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.


Third in Six Years and -- at or Over 0.17

-- or a refusal to take the test

--  or a prior refusal in the last 20 years

If you took the breath test and blew 0.17 or above of one percent by weight per unit volume of alcohol in your whole blood OR if you refused the test OR if you have a prior refusal in the last twenty years:

  • Sixty to 365 consecutive days in jail.

  • 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.

 


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The OVI page - click here