Potential penalties for misdemeanor OVI depend on many factors

On Behalf of | Sep 15, 2021 | Drunk Driving |

People in Ohio drink alcohol for different reasons and for the most part it is perfectly fine to have a drink or two. Drinking too much alcohol can get people in trouble though. They may not make the best choices while they are intoxicated.

Some decisions will affect them on a personal level while other decisions could result in criminal charges. One of the decisions that could result in criminal charges is if they decide to drive while they are intoxicated.

If people are caught driving after drinking too much they could be charged with operating a vehicle while impaired. Convictions for OVIs can result in severe penalties. Those penalties depend on a number of different factors though. While there are many different factors, the main ones are how many OVIs people have had in the past, how much they have consumed and whether they refused to take a chemical test.

First OVI in ten years

For people with a BAC below .17 they could be sent to jail between three days and six months. However, the three day minimum jail sentence can be waived if the person complete a driver intervention program (DIP). They could also be fined between $375 and $1,075. If people have a BAC at or above .17 or refuse to take a test, they must either spend six days in jail or three days if they complete a DIP. The fine remains the same.

Second OVI in ten years

If the BAC is below .17 people will be sent to jail for 10 days or five days if they also complete 18 days of home monitoring. The sentence could be up to six months. The fine increases to between $525 and $1,625. If the BAC is at .17 or above or they refuse a test the jail time increases to 20 days or 10 days in jail if they also complete 36 days on home monitoring. The fine remains the same though.

Third OVI in ten years

For low tests, the jail time would be 30 days or 15 days in jail plus 55 days on home monitoring. The fine would be between $850 and $2,750. For high tests and test refusals, the jail time increases to 60 days or 30 days in jail plus 110 days on home monitoring.

There are many people charged with OVIs in Ohio. As one can see even first time OVIs with a low test can result in jail time. However, people only realize these potential penalties if they are convicted. People may have defenses after being charged and may be able to avoid a conviction. Experienced attorneys understand these defenses and may be able to protect one’s rights.