What are the drunk driving penalties for my 1st, 2nd, 3rd, 4th or 5th Drunk Driving Charge in Ohio?
The Hemminger Law Firm supports clients in Franklin, Delaware, and Surrounding Counties in Ohio.
The Hemminger Law office is here to support your DUI / OVI Case. If you were charged with a drunk driving penalty, contact us today!
Driving under the influence has become a serious offense. Driving a motor vehicle under the influence of alcohol can carry serious life changing consequences for repeat offenders. Blood, breath or urine alcohol concentration can vary according to the size of the individual and how much alcohol the person consumed, but a concentration of at least .08 percent can get any driver convicted of operating a motor vehicle under the influence. Even if you refuse a test, the officer’s opinion can be enough evidence to convict you of DUI.
Commercially licensed drivers can be convicted of DUI at a lower BAC amount. Juvenile, as well as adults under the age of 21 can be convicted of a driving under the influence charge at .02 percent.
Penalties increase with every conviction within 10 years of a prior conviction and for multiple convictions and refusals within the past 20 years. Below are the penalties for multiple convictions within a 10 year period of time.
First DUI
• Minimum Fines start at $375, but fines, court costs and reinstatement fees can total moe than $1000.00
• A mandatory minimum jail sentence of 72 hours for a refusal or if the BAC is between .08-.169 percent. If the BAC is .17 or higher, then there is a mandatory minimum jail sentence of 6 days.
• A mandatory suspension of a driver’s license for 1 to 3-year period.
• The Administrative License Suspension (ALS) will automatically suspend driving privileges for anyone arrested for driving under the influence with a BAC above .08 or who refuses to take a test. The ALS can be between 90 days to 1 year on a first offense, but the court suspension time could be extended from 6 months to 3 years. Interlock and restricted license plates are optional penalties that the court may also impose.
Second DUI
• Increased court fines, court costs and reinstatement fees.
• A mandatory suspension of a driver’s license for a period of 1 to 7 years with mandatory restricted license plates and interlock (if alcohol related).
• A mandatory 10 days in jail for BAC levels between .08-.169. If the BAC level is .17 or higher, or if the person refuses and has a prior OVI / DUI conviction within the past 20 years, then the penalty includes a mandatory 20 days in jail.
• A mandatory alcohol assessment and possible alcohol treatment classes.
If the vehicle involved is registered to the defendant, then a mandatory 90 day immobilization of the vehicle.
Third DUI
• Increased court fines, court costs and reinstatement fees.
• Mandatory 30 days in jail for BAC levels over.08 percent and a mandatory 60 days in jail for BAC levels over .17 percent or for a refusal with a prior conviction in the past 20 years.
• Minimum suspension of a driver’s license for 2 years to a maximum of 12 years with restricted license plates and interlock (if alcohol related).
• Mandatory alcohol treatment programs.
• If the vehicle involved is registered to the defendant, then a mandatory forfeiture of the vehicle.
Fourth and Fifth DUI within ten years (or Sixth DUI in twenty years)
• A Felony conviction.
• Court costs, administrative fee and court fines of up to $10,500.
• For BAC levels of .08-.169 percent, 60 days local incarceration with up to 1 year in jail, or 60 days prison, with option of additional 6 to 30 months in prison. For BAC levels of .17 or higher, 120 days local incarceration, up to 1 year, or 120 days prison with option of additional 6 to 30 months in prison.
• Mandatory 3-year suspension of a driver’s license with possible lifetime suspension.
• Mandatory alcohol treatment programs.
• If the vehicle involved is registered to the defendant, then a mandatory forfeiture of the vehicle.
Negotiating the charge
People that are accused of driving under the influence will usually hire an experienced attorney to help them with the case. A lawyer trained in driving under the influence cases can usually make a plea bargain with the prosecutor for a reduced sentence or a lesser offense, including reckless operation or physical control. A person charged with OVI / DUI should definitely retain an experienced OVI / DUI attorney. If you have been arrested for drunk driving, contact our office as soon as possible.