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A second offense OVI in Ohio will result in mandatory “party plates,” ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum. In addition, your vehicle will be immobilized (“clubbed”) for 90 days. If you blow above a .17 or refuse to take the chemical test having had a prior offense within the past twenty (20) years, you will face a twenty (20) day mandatory incarceration period. All second OVI offenses in Ohio are classified as a first degree misdemeanors.
On a third offense OVI (under .17), in addition to the penalties above, the mandatory incarceration period is raised to thirty (30) days and your car (if registered in your name) will be forfeited. On a third low-tier OVI (under .17) you will have a mandatory fine of $850. If over .17, or if you have a two refusals in the last twenty (20) years, you face sixty (60) days of mandatory incarceration. A third offense DUI (hi-tier and low-tier) is an unclassified misdemeanor.
A fourth offense OVI becomes a felony (F-4), and raises the minimum fine to $1,350 for tests below a .17. Incarceration in a local facility (not prison) is permitted, but must be served for a minimum of sixty (60) days. A high-tier (SUPER-DUI >.17) carries a 120 day mandatory incarceration period.
Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident. Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense. Aggravated vehicular homicide when impaired as defined in R.C. 4511.19 is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.
For a previous post on aggravated vehicular homicide, please visit HERE.
For a previous post on aggravated vehicular assault and vehicular assault, please visit HERE.
See the following PENALTY CHART which is maintained by the honorable Jennifer P. Weiler in her work with the Ohio Supreme Court Judicial College.
If you are stopped on suspicion of drunk driving, contact Dayton DUI defense attorney Charles Rowland today at 937-318-1DUI (318-1384); 1-888-ROWLAND (888-769-5263); by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com.
