OPERATING A VEHICLE UNDER THE INFLUENCE (OVI) DRIVING UNDER THE INFLUENCE (DUI)
OVI is the title of the offense most people call DUI. In Ohio, there are two (2) types of OVI/DUI offenses. The most widely understood offense is the per se offense, or in other words, operating a vehicle with a prohibited concentration of alcohol or drugs in your blood. This offense is based upon a the results of a failed chemical test (i.e. breath, urine, blood, or plasma.) In addition to the per se offense, the second type prohibits operation and/or physical control of a vehicle under the influence. "Under the influence" means that an individual consumed some alcohol, drug of abuse, or combination, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the individual's actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself that he would otherwise have possessed. Remember, it is not a question of the quantity of alcohol (or drugs) consumed but, rather, the effects of that consumption on your nervous system. The second type offense is based primarily upon the observations of the officer in viewing your operation of your vehicle; your interaction with the officer; any statements you make; and your performance on field sobriety tests.
ALS SUSPENSION An Administrative License Suspension (ALS) occurs when an individual is arrested for an alleged OVI/DUI offense and either REFUSES a chemical test or FAILS a chemical test. The suspension is immediate and imposed by the arresting agency. The length of the suspension and your eligibility for driving privileges depends on the number of prior OVI/DUI offenses/refusals you have in a six (6) year period.
ALS Suspension for a Refusal | | 1st in 6 Years | 2nd in 6 Years | 3rd in 6 Years | 4th or More in 6 Years | Suspension
| Class C (1 year) | Class B (2 years) | Class A (3 years) | 5 Years | | Driving Privileges | After 30 days | After 90 days | After 1 year | After 3 years | | Restricted Plates | Optional | Optional | Optional | Optional | | Interlock Device | Optional | Optional | Optional | Optional |
ALS Suspension for a Failed Chemical Test | | 1st in 6 Years | 2nd in 6 Years | 3rd in 6 Years | 4th or More in 6 Years | Suspension
| Class E (90 days) | Class C (1 year) | Class B (2 years) | Class A (3 years) | | Driving Privileges | After 15 days | After 30 days | After 180 days | After 3 years | | Restricted Plates | Optional | Optional | Optional | Required if alcohol related, optional for drug related | | Interlock Device | Optional | Optional | Optional | Required if alcohol related, optional if drug related |
Appealing an ALS
Although your license will be suspended immediately upon a refusal or failed chemical test, you may appeal the ALS suspension to the trial court within thirty (30) days of your initial appearance on the following grounds: - The arresting officer did not have “reasonable grounds” to arrest you for OVI/DUI;
- The arresting officer did not ask you to submit to a chemical test;
- The arresting officer failed to inform you of the consequences of refusing or submitting to a test; or
- Whichever of the following applies:
- You did not refuse the test; or
- Your blood concentration was not over the prohibited limit
PENALTIES FOR OVI/DUI OFFENSES
Misdemeanor OVI/DUI Offenses | | 1st in 6 Years Low Test | 1st in 6 Years Refusal* or High Test | 2nd in 6 Years Low Test | 2nd in 6 Years Refusal* or High Test | 3rd in 6 Years Low Test | 3rd in 6 Years Refusal* or High Test | | Degree of Offense | M-1 | M-1 | M-1 | M-1 | Unclassified Misdemeanor | Unclassified Misdemeanor | | Jail Sentence | 3 days jail; or DIP. Up to 6 months | 6 days jail; or 3 days jail and DIP. Up to 6 months | 10 days jail up to 6 months. | 20 days jail up to 6 months | 30 days jail up to 1 year. | 60 days jail up to 1 year. | | Fines | $375 - $1,075 | $375 - $1,075 | $525 - $1,625 | $525 - $1,625 | $850 - $2,750 | $850 - $2,750 | | Treatment | Optional | Optional | Assessment and treatment mandatory | Assessment
and treatment mandatory | Addiction program mandatory | Addiction
program mandatory | | License Suspension | Class 5
(6mos - 3yrs) | Class 5
(6mos - 3yrs) | Class 4
(1 to 5 years) | Class 4
(1 to 5 years) | Class 3
(2 to 10 years) | Class 3
(2 to 10 years) | | Driving Privileges | After 15 days | After 15 days | After 45 days | After 45 days | After 180 days | After 180 days | | Restricted Plates | Optional | Plates required for High Test | Required | Required | Required | Required | | Interlock | Optional | Optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Immobilization or Forfeiture | No | No | 90 days immobilization if registered to Defendant | 90 days immobilization if registered to Defendant | Forfeiture required if registered to Defendant | Forfeiture required if registered to Defendant |
* With prior within 20 years
For first offenders, courts often allow you to participate in a 72-hour driver intervention program (DIP) in lieu of - or for high tier, a part of - the mandatory minimum jail sentence. For individuals with multiple offenses, in certain circumstances, the courts will impose one half (1/2) of the mandatory minimum sentence with the added condition of house arrest for the statutory minimum period. However, the court must make a finding that there is a lack of jail space in order to impose a lesser sentence with house arrest. Whether this is an option for you depends upon the jurisdiction of your case.
Felony OVI/DUI Offenses | | 4th/5th in 6 Years or 6th in 20 Years
Low Test | 4th/5th in 6 Years
or 6th in 20 Years
Refusal*/High Test | 2nd Felony OVI/DUI
in Lifetime
Low Test | 2nd Felony OVI/DUI
in Lifetime
Refusal*/High Test | 1st/2nd Felony OVI/DUI
in Lifetime
RC 2941.1413 Spec | | Degree of Offense | F-4 | F-4 | F-3 | F-3 | F-4 (1st) / F-3 (2nd) | | Incarceration | 60 days jail up to 1 year; or 60 days in prison with potential for additional 6 to
30 months. | 120 days jail up to 1 year; or 120 days in prison with potential for additional 6 to
30 months. | 60 days prison up to 5 years | 120 days prison up to 5 years. | 60 days prison up to 5 years with an additional
1 to 5 years to run consecutive to underlying sentence. | | Fines | $1,350 - $10,500 | $1,350 - $10,500 | $1,350 - $10,500 | $1,350 - $10,500 | $1,350 - $10,500 | | Treatment | Addiction program mandatory | Addiction program mandatory | Addiction program mandatory | Addiction program mandatory | Addiction program mandatory | | License Suspension | Class 2
(3yrs to life) | Class 2
(3yrs to life) | Class 2
(3yrs to life) | Class 2
(3yrs to life) | Class 2
(3yrs to life) | | Driving Privileges | After 3 years | After 3 years | After 3 years | After 3 years | After 3 years | | Restricted Plates | Required | Required | Required | Required | Required | | Interlock | Required if alcohol related offense, otherwise optional. | Required if alcohol related offense, otherwise optional. | Required if alcohol related offense, otherwise optional. | Required if alcohol related offense, otherwise optional. | Required if alcohol
related offense,
otherwise optional. | | Forfeiture | Forfeiture required
if registered to Defendant | Forfeiture required
if registered to Defendant | Forfeiture required if registered to Defendant | Forfeiture required
if registered to Defendant | Forfeiture required
if registered to
Defendant |
* With prior within 20 years
DISCLAIMER: Scott Kuboff, Esq., and the law office of The Goldberg Law Firm, LLC is providing this information solely for the purpose of educating the reader of the availability of legal representation and of potential penalties for various OVI/DUI offenses. In no way should this be construed as an evaluation of or legal advice about your particular case. Scott Kuboff, Esq., and the law office of The Goldberg Law Firm, LLC do not have any information regarding the facts of your case. If you wish to obtain legal advice, please contact an attorney. |
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