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  • Cleveland, OH 44115
  • Phone: (216) 696-0900
  • Fax: (216) 696-8800

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Zukerman, Daiker & Lear Co., L.P.A.

Attorneys at Law

Dui / Traffic

Consequences of DUI / OVI
Convictions and Arrests in Ohio

Regardless of whether or not you are convicted of a DUI / OVI, there are still consequences of simply being charged. Each person charged with a DUI / OVI is asked to submit to a chemical test on the evening of the arrest. If the test is submitted to, and the result of the test is over .08 percent blood alcohol by volume, then the Ohio Bureau of Motor Vehicles (BMV) will administratively suspend the license of the person charged for ninety (90) days, including a fifteen (15) day period where the person is not eligible for limited driving privileges. If the test is refused, the Administrative License Suspension (ALS) lasts for a full year, including a thirty (30) day hard suspension where no driving privileges are allowable. This suspension stands even if the charges of DUI / OVI are dismissed.

If the chemical test results in a measurement of .17 percent blood alcohol by volume or higher, the license suspension is not increased, put the penalties as a whole could be doubled. Other penalties include restrictive plates.

What if the charges are not dismissed? The penalties for being convicted for a DUI / OVI can amount to as much as a $1,000.00 fine and up to six (6) months in jail as well as six points on your operator's license and a license suspension. For a first time offense, assuming the result of the Blood Alcohol Content (BAC) Test was under .17 percent blood alcohol by volume, is three (3) days in jail or the driver's intervention program, a minimum fine of $250.00, and a minimum six (6) months license suspension with driving privileges allowable fifteen days after arrest. If the BAC measurement is over .17, the mandatory penalty is six (6) days in jail, or three (3) days of incarceration and the three (3) day driver's intervention program.

For a second offense within a six (6) year period, the mandatory penalty is ten (10) days in jail, or five (5) days of incarceration plus eighteen (18) days of Electronic Monitoring House Arrest (EMHA). If the second offense involves a BAC measurement of over .17 percent blood alcohol by volume, or if the person refused the test and has another OVI conviction in the previous twenty (20) years, the mandatory penalty is twenty (20) days in jail, or ten (10) days incarceration plus thirty-six (36) days EMHA. Additionally, for a second offense within six years, the defendant must enter into a treatment program, the fine must be $350.00 or more, and the license suspension must last one (1) year or more. Also, the vehicle must be immobilized for ninety (90) days and the vehicle is required to display restrictive plates upon expiration of the license suspension.

For a third offense within a six (6) year period the mandatory penalty is thirty (30) days in jail or sixty (60) days if the BAC measurement is over .17. There will also be a mandatory forfeiture of the vehicle upon a third conviction.

A fourth conviction within with six (6) and/or a sixth conviction within twenty (20) years, will result in a felony conviction with mandatory prison time and mandatory forfeiture of your vehicle.

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