It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. This is considered a per se offense and drivers can be arrested with this level of alcohol concentration even if they are not displaying dangerous driving actions.
In the state of Ohio drunk driving is most commonly referred to as OVI or operative a vehicle under the influence. Although this is the common acronym in Ohio, DUI or driving under the influence is the most common used in other states and means basically the same thing.
Second OVI in Ohio- What DUI penalties can I expect?
If you are arrested and convicted for OVI for a second time you will face severe civil as well as criminal penalties. Drivers in Ohio have given their implied consent to submit to a chemical test if they are stopped and arrested for OVI.
If this is your second DUI stop (within the past 6 years) and you refuse to submit to the blood alcohol content test you will have your Ohio driver’s license suspended for 2 years. If you decide to take the blood alcohol content test but your blood alcohol concentration is above the legal limit of 0.08% you will have your license suspended for one year. These license suspension penalties are brought by the Ohio Department of Public Safety and they are enforced regardless of whether or not you are ultimately convicted for OVI.
Criminal penalties for second OVI in Ohio
A second Ohio OVI arrest and conviction is considered a misdemeanor charge. If you have been arrested previously for OVI within the last six years you are facing the following OVI penalties for a second OVI arrest:
- If your BAC was under 0.17% you will have a minimum of 10 days in jail.
- If your BAC is above 0.17% or higher you will have to spend a minimum of 20 days in jail.
- You must pay fines ranging from $525 – $1625
- You face a one to five year license suspension
- You must wear a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet which is an ankle device which will periodically measure your BAC.
How will an out of state DUI affect you?
Ohio law allows the state to consider all prior convictions which occurred in other states against you (ORC 4511.181(A)(8)). The state will, however, consider if the conviction was “substantially equivalent” to an OVI arrest in Ohio.
What other Ohio drunk driving penalties will I face for a second OVI?
If you are convicted of an OVI this charge will also appear on your driving record and will not be expunged. This is why it is so important to contact a DUI lawyer
if you are charged with an OVI and see if they can help you fight your OVI charges.
After you have served the suspension or revocation period you may apply to have your Ohio license reinstated. Fines must be paid and the proper insurance must be purchased. Depending on the conditions of your arrest you may also be required to install an ignition interlock device. Contact the Ohio Department of Public Safety for more information about the status of your license after an Ohio drunk driving charge.
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- Drunk driving – Administrative License Suspension after a DUI (duiattorneyhome.com)