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PENALTIES FOR MISDEMEANOR OPERATING VEHICLE UNDER THE INFLUENCE O.R.C. 4511.19(A), (G) 1st Offense in 6 years simple OVI and low B.A.C. test (over .08 but < .17): Incarceration: Up to 6 months with mandatory 3 days or D.I.P. Fines: Mandatory $375.00 and up to $1,075.00. License Suspension: Mandatory 6 months and up to 3 years (Class 5). Driving Privileges: After 15 days. Restricted Plates: Optional. Interlock: Optional. Immobilization/Forfeiture: No. Treatment: Optional. _____________________________________________________________
1st Offense in 6 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years: Incarceration: Up to 6 months with mandatory 6 days or 3 days and D.I.P. Fines: Mandatory $375.00 and up to $1,075.00. License Suspension: Mandatory 6 months and up to 3 years (Class 5). Driving Privileges: After 15 days. Restricted Plates: Required for high tier test. Interlock: Optional. Immobilization/Forfeiture: No. Treatment: Optional. _____________________________________________________________ 2nd Offense in 6 years simple OVI and low B.A.C. test (over .08 but < .17): Incarceration: Up to 6 months with mandatory 10 days or 5 days and 18 days on house arrest with electronic monitoring unit and/or continuous alcohol monitoring. Fines: Mandatory $525.00 and up to $1,625.00. License Suspension: Mandatory 1 year and up to 5 years (Class 4). Driving Privileges: After 45 days. Restricted Plates: Required. Interlock: Required if alcohol related/Optional if drug related. Immobilization/Forfeiture: 90 day imobilization if vehicle owned. Treatment: Alcohol/Drug assessment and recommended treatment mandatory. _____________________________________________________________ 2nd Offense in 6 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years: Incarceration: Up to 6 months with mandatory 20
days or 10 days and 36 days on house arrest with electronic monitoring
unit and/or continuous alcohol monitoring. Fines: Mandatory $525.00 and up to $1,625.00. License Suspension: Mandatory 1 year and up to 5 years (Class 4). Driving Privileges: After 45 days. Restricted Plates: Required. Interlock: Required if alcohol related/Optional if drug related. Immobilization/Forfeiture: 90 day imobilization if vehicle owned. Treatment: Alcohol/Drug assessment and recommended treatment mandatory. _____________________________________________________________ 3rd Offense in 6 years simple OVI and low B.A.C. test (over .08 but < .17): Incarceration: Up to 1 year with mandatory 30
days or 15 days and 55 days on house arrest with electronic monitoring
unit and/or continuous alcohol monitoring. Fines: Mandatory $850.00 and up to $2,750.00. License Suspension: Mandatory 2 year and up to 10 years (Class 3). Driving Privileges: After 180 days. Restricted Plates: Required. Interlock: Required if alcohol related/Optional if drug related. Immobilization/Forfeiture: Forfeiture if registered to offender. Treatment: Alcohol/Drug addiction treatment program mandatory. _____________________________________________________________ 3rd Offense in 6 years and either high B.A.C. test (over .17) or a refusal of Breath test within 20 years: Incarceration: Up to 1 year with mandatory 60
days or 30 days and 110 days on house arrest with electronic monitoring
unit and/or continuous alcohol monitoring. Fines: Mandatory $850.00 and up to $2,750.00. License Suspension: Mandatory 2 year and up to 10 years (Class 3). Driving Privileges: After 180 days. Restricted Plates: Required. Interlock: Required if alcohol related/Optional if drug related. Immobilization/Forfeiture: Forfeiture if registered to offender. Treatment: Alcohol/Drug addiction treatment program mandatory. _____________________________________________________________ 4th Offense and beyond in 6 years is a Felony Offense in the State of Ohio. For a complete list of the potential penalties for a felony OVI, please consult with an attorney. See also O.R.C. 4511.19. CLICK HERE to get your UNOFFICIAL driving record here: BMV.
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