PENALTIES FOR DUI OFFENSES
What gains most attention in conversations concerning DUI offenses are the penalties one can face in the event of a DUI conviction. This is probably because any person, regardless of whether or not they have ever had any adverse contact with the criminal justice system, can be "nailed" for a DUI offense. Two glasses of wine with dinner can put a driver over the legal limit, or so impair that driver's abilities such that the driver can be driving under the influence. Nevertheless, the possible penalties are the same for everyone, and the minimum penalties that the court must impose are the same for everyone.
In Ohio, the following is a summary of the minimum penalties (and maximum) one can face if convicted of a DUI offense:
NOTE: THESE PENALTIES ARE CONSTANTLY CHANGED BY THE OHIO GENERAL ASSEMBLY ALL OF THE TIME, SO CHECK WITH AN ATTORNEY FOR THE MOST RECENT PENALTIES.
| OFFENSE w/ in 6 yrs |
First |
Second |
Third |
Fourth (felony) |
| Jail |
3 days to 180 days |
10 days to 180 days |
30 days to 1 year |
60 days to 18 months. Plus EMHA* 60 days to 12 months |
| Fine |
$200-$1,000 |
$300-$1,500 |
$500-$2,500 |
$750-$10,000 |
| Driving Suspension |
6 months to 3 years |
1 year to 5 years |
2 years to 10 years |
3 years to life |
| Time w/o Occ.Priv. |
15 days |
30 days |
1 year (and then only with interlock) |
3 years (and then only with interlock) |
| Plate Impoundment |
no, but exceptions |
90 days |
180 days |
N/A |
| Vehicle Immobilization |
No |
90 days |
180 days |
N/A |
| Vehicle Forfeiture |
No |
If not cleared within 27 days |
If not cleared within 27 days |
Yes |
| Immediate Vehicle Seizure |
No |
Yes |
Yes |
Yes |
*EMHA= "Electronically Monitored Home Arrest"
It must be stressed that there a many exceptions and possible variations to these penalties, depending on the municipal and common pleas judge who interprets the DUI law and passes the sentence. For instance, some judge have "policies" on how first and second offenders are treated, and those policies may differ significantly from the policies of other judges. This is another instance where a lawyer with sufficient experience with the court/judge in question can be of significant help. Further, all DUI/DWI/OMVI convictions are suppose to carry six (6) points on your driver's license. So just 2 convictions alone can lead to a twelve (12) point suspension of your driver's license, which trigger a whole set of other legal proceedings in order to get driving privileges for work. Further, any third or more conviction requires the Court to order mandatory "treatment" for the defendant. Further still, the Ohio Bureau of Motor Vehicles will charge a $405.00 "reinstatement fee" in order to get your license back after your court-ordered suspension is over. Further still, the foregoing penalties literally double if the blood alcohol (by breath) reading exceeds .17.
Also: Check the Administrative License Suspension ("ALS") penalties for testing (at the time of arrest) over .08 or refusing the test, as well as the penalties for driving with a license that has been suspended pursant to a DUI arrest:
Go to: Ohio BMV ALS penalties and DUS penalties.
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