Vehicle · DUI penalties
DUI Penalties in Ohio
The jail, fines, and license loss for a DUI in Ohio by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in Ohio
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
Ohio OVI fines, driver intervention rules, and interlock terms are amended often. Confirm the current jail, fine, and license figures for your offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first OVI under ORC 4511.19(G)(1)(a) is a first-degree misdemeanor carrying a mandatory three consecutive days in jail, defined by the statute as seventy-two consecutive hours, and a fine of $565 to $1,075. The court also imposes a driver’s license suspension of one to three years, and the cumulative jail term for the offense can never exceed six months. |
| The three days can be a program, not a cell | The court may suspend the three-day jail term and instead require the offender to attend a drivers’ intervention program certified under ORC 5119.38 for three consecutive days. It may also split the term, sending the offender to the program for part of the three days and to jail for the rest. |
| The repeat ladder | A second offense within ten years is a first-degree misdemeanor with a mandatory ten consecutive days and a fine of $715 to $1,625. A third within ten years is an unclassified misdemeanor with a mandatory thirty consecutive days and a fine of $1,040 to $2,750. A fourth-degree felony carries a fine of $1,540 to $10,500. |
| Fourth-degree felony threshold | Under ORC 4511.19(G)(1)(d) a fourth OVI within ten years is a felony of the fourth degree, triggered when the offender already has three or four prior violations within ten years, or five or more within twenty years, or a prior ORC 2941.1413 specification. The court imposes either sixty mandatory days of local incarceration or a sixty-day prison term, and a one to five year prison term if the specification is proved. |
| A prior felony OVI never washes out | Under ORC 4511.19(G)(1)(e), anyone with any prior felony OVI conviction is guilty of a felony of the third degree on the new offense, regardless of when the earlier felony happened. That prior does not expire. |
| What raises the penalty | What it means |
|---|---|
| Refusal and high-test counts are harsher | If the first offense is charged under division (A)(1)(f) through (i) or (A)(2), a high-test or test-refusal count, the mandatory term is at least three consecutive days plus the intervention program. If the court finds the offender is not conducive to program treatment, the mandatory term becomes at least six consecutive days. |
| Unlimited driving privileges suspend the jail term | If the court grants unlimited driving privileges to a first-time offender under ORC 4510.022, all of the first-offense penalties still apply except that the court must suspend any mandatory or additional jail term. |
| The 20-year window is not general | Twenty years is not Ohio’s ordinary lookback. It appears only for the five-or-more-priors route into the fourth-degree felony, for the ORC 2941.1413 specification, and in the ORC 4511.19(A)(2) refusal-with-a-prior offense. |
| Equivalent offenses count | Every counting rule reads violations of division (A) or other equivalent offenses, so out-of-state and municipal-ordinance impaired driving convictions feed the ladder. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in Ohio. This is legal information, not legal advice.
- Get an OVI defense lawyer
Ohio OVI sentencing turns on the number and age of your priors and whether the count is a high-test or refusal charge. An Ohio attorney can explain the exposure for your offense date and county.
- Ask about the driver intervention program
On a first offense the mandatory three days can often be served as a certified drivers’ intervention program. Ask whether you qualify and how to arrange it.
- Confirm the suspension and interlock terms
Your license suspension runs one to three years. Ask whether limited privileges under ORC 4510.021 or unlimited privileges with an interlock under ORC 4510.022 are available for your case.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ Ohio State Bar AssociationThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in Ohio get wrong about DUI penalties
A first Ohio OVI under Ohio Revised Code section 4511.19 is a first-degree misdemeanor. The court must impose a mandatory three consecutive days in jail, which the statute defines as seventy-two consecutive hours, plus a fine of $565 to $1,075 and a license suspension of one to three years. Those three days can be served as a certified drivers’ intervention program rather than in a cell, and cumulative jail for the offense can never exceed six months. Priors count on a ten-year washout, so a second within ten years carries ten mandatory days and a third carries thirty. Ohio then does something unusual with its felony line. A fourth OVI within ten years is a fourth-degree felony under section 4511.19(G)(1)(d), and a five-or-more-priors route reaches back twenty years, but anyone with any prior felony OVI is guilty of a third-degree felony under section 4511.19(G)(1)(e) no matter how old that felony is. A high-test or refusal count raises the mandatory minimum, and out-of-state or municipal impaired driving convictions count as equivalent offenses on the ladder. These are the criminal penalties set by the court, separate from any administrative license action.
Common questions
What is the penalty for a first OVI in Ohio?
A first OVI is a first-degree misdemeanor. ORC 4511.19(G)(1)(a) requires a mandatory three consecutive days in jail, a fine of $565 to $1,075, and a license suspension of one to three years. The three days can be served as a certified driver intervention program.
When is an OVI a felony in Ohio?
A fourth OVI within ten years is a fourth-degree felony under ORC 4511.19(G)(1)(d). Anyone with any prior felony OVI is guilty of a third-degree felony on the new offense, regardless of how old the earlier felony is.
How far back does Ohio look at prior OVIs?
The primary washout is ten years. A twenty-year window catches five or more priors and the repeat-OVI specification, and a prior felony OVI never washes out at all.
Can I avoid jail on a first Ohio OVI?
Often the mandatory three days can be served as a certified drivers’ intervention program instead of jail, and unlimited driving privileges with an interlock under ORC 4510.022 require the court to suspend the jail term. A high-test or refusal count is harder.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.