Ohio DUI Penalties
Ohio DUI penalties are among some of the toughest in the nation. Ohio DUI penalties include minimum jail terms, driver intervention programs, license suspensions, fines, probation, restricted plates, and reinstatement fees. In some instances, a DUI conviction may lead to mandatory treatment programs, vehicle immobilization and/or forfeiture, ignition interlock, electronically monitored house arrest (EMHA), continuous alcohol monitoring (CAM), and prison.
If you are convicted, or plead guilty, to an Ohio DUI offense, the judge determines the appropriate sentence. There are certain minimum penalties that are required by statute. The charts below are provided to illustrate the myriad of Ohio DUI penalties.
1st DUI conviction in 6 years
- Misdemeanor of the 1st Degree
- Minimum 3 days in jail or a driver intervention program with probation. Maximum of 6 months in jail.
- Minimum $250 fine. Maximum of $1,000 fine.
- Treatment may be ordered.
- Mandatory license suspension of 6 months to 3 years.
- Driving privileges not available for first 15 days.
- Optional yellow license plates (the DUI plates).
1st DUI conviction in 6 years and either high-end test or any prior in 20 years and refusal
- Misdemeanor of the 1st Degree
- Minimum 6 days in jail or 3 days in jail and 3 days in driver intervention program. Maximum 6 months in jail.
- Minimum $250 fine. Maximum of $1,000 fine.
- Treatment may be ordered.
- Mandatory license suspension of 6 months to 3 years.
- Driving privileges not available for first 15 days.
- Mandatory yellow license plates (the DUI plates) for high-end test. Optional otherwise.
2nd DUI conviction in 6 years
- Misdemeanor of the 1st Degree
- Minimum 10 days in jail or 5 days in jail and 18 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring. Maximum 6 months in jail.
- Minimum $350 fine. Maximum of $1,500 fine.
- Driver Intervention Program optional. Treatment mandatory if found alcohol dependent.
- Mandatory license suspension of 1 to 5 years.
- Driving privileges not available for first 30 days.
- Vehicle immobilized for 90 days if registered to defendant.
- Mandatory restricted plates (the DUI plates).
2nd DUI conviction in 6 years and either high-end test or any prior in 20 years and refusal
- Misdemeanor of the 1st Degree
- Minimum 20 days in jail or 10 days in jail and 36 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring. Maximum 6 months in jail.
- Minimum $350 fine. Maximum of $1,500 fine.
- Driver Intervention Program optional. Treatment mandatory if found alcohol dependent.
- Mandatory license suspension of 1 to 5 years.
- Driving privileges not available for first 30 days.
- Vehicle immobilized for 90 days if registered to defendant.
- Mandatory restricted plates (the DUI plates).
3rd DUI conviction and beyond
- DUI penalties continue to increase the more you are convicted of DUI.
- With 3 or more prior DUIs within 6 years, any further DUI is a 4th Degree Felony.
- With 5 or more prior DUIs within 20 years, any further DUI is a 4th Degree Felony.
- Fines increase.
- Mandatory treatment, license suspension, vehicle forfeiture, mandatory DUI plates.
The information on this page should only be taken as representative of DUI penalties. DUI and its penalties are subject to constant change by the Ohio legislature. Ohio DUI Penalties are tough, and traditionally have only gotten tougher.
