DUI Penalties in Cleveland

Second DUI in Ohio: Breathalyzer Between 0.08% and 0.17%

• Degree of Offense: Misdemeanor of the First Degree
• Incarceration: Mandatory minimum of 10 days in jail up to 180 days or 5 days in jail with 18 days of house arrest on electronic monitoring
• Fines: $525 to $1,625
• License Suspension: 1 to 5 years
• Driving Privileges: After 45 days
• Treatment: Mandatory
• Plates / Interlock: Required

Second DUI in Ohio: Breathalyzer Over 0.17% or Refusal in Prior 20 Years

• Degree of Offense: Misdemeanor of the First Degree
• Incarceration: Mandatory minimum of 20 days in jail up to 180 days or 10 days in jail with 36 days of house arrest on electronic monitoring
• Fines: $525 to $1,625
• License Suspension: 1 to 5 years
• Driving Privileges: After 45 days (possibly as high as a minimum of 90 days)
• Treatment: Mandatory
• Plates / Interlock: Required
• Immobilization: 90 days mandatory immobilization of car if registered to the defendant

3rd DUI Offense in Ohio: Breathalyzer Between 0.08% and 0.17%

• Degree of Offense: Unclassified Misdemeanor
• Incarceration: Mandatory minimum of 30 days in jail up to 1 year or 15 days in jail with 55 days of house arrest on electronic monitoring
• Fines: $850 to $2,750
• License Suspension: 2 to 10 years
• Driving Privileges: After 180 days
• Treatment: Mandatory
• Plates / Interlock: Required
• Forfeiture: Mandatory forfeiture of a vehicle if registered to the defendant

3rd DUI Offense in Ohio: Breathalyzer Over 0.17% or Refusal in Prior 20 Years

• Degree of Offense: Unclassified Misdemeanor
• Incarceration: Mandatory minimum of 60 days in jail up to 1 year or 30 days in jail with 110 days of house arrest on electronic monitoring
• Fines: $850 to $2,750
• License Suspension: 2 to 10 years
• Driving Privileges: After 180 days, up to a possible 1 year on a refusal
• Treatment: Mandatory
• Plates / Interlock: Required
• Forfeiture: Mandatory forfeiture of the vehicle if registered to the defendant

These are the basic penalties you face if you are convicted of your first through third DUI/OVI in Ohio.

If you have been charged with a fourth/fifth DUI in ten years, or six DUIs in twenty years you are going to be facing a felony and need to immediately speak with our Cleveland DUI lawyers to prepare your case for a strong defense from a felony charge.

If Convicted of a First OVI, Is Jail Automatic?

Many people are surprised to discover that there is a mandatory jail sentence attached to a first OVI conviction. It can be frightening to find out that you may be headed to jail for making a decision that is generally out of character.

So if I am convicted of my first OVI is jail automatic? Possibly. An experienced lawyer can help you avoid jail after OVI charges.

A first conviction has a mandatory sentence of at least 3 days in jail, up to 180 days. How long you spend in jail if you are convicted is up to the presiding judge, who will take into account many factors, including the facts of the case and prior record.

If you are convicted and it is your first offense, will you automatically be jailed? Although much depends on your case, the judge does have the option to let you complete a driver intervention program (DIP) instead of serving the minimum 3-day jail sentence. 

A DIP is typically completed at a hotel over a weekend. You will attend classes that will educate you as to the hazards of drinking, especially while driving.