What You Need to Know About Ohio DUI/OVI Penalties
Are DUl's a felony in Ohio?
With 3 or more prior OVI/DUI's within 6 years, any further OVI is a 4th degree felony. With 5 or more
prior OVI/DUl's within 20 years, any further OVI is also a 4th degree felony.
Do you have to blow into a breath testing device in Ohio?
When an individual is taken to the police station after a DUI/OVI arrest, he/she will be asked to take a
blood, breath or urine test. The person does not have the right to pick which test he/she will comply with.
However, if the test is not conducted within three hours of the violation it is inadmissible in court. You will
not be required to submit a breath test, however, you refuse to take a breath test, then you face an automatic one year license suspension, even on your first offense. For more information,
see our Breath Test page.
What's the penalty for fourth degree felony in Montgomery County Ohio?
For a fourth degree felony, you will be facing a minimum of 60 days in jail up to a maximum of 18 months. The minimum fine is $800 up to the maximum of $10,000 plus court fees. If you refuse to submit to a
chemical test, your license will be suspended up to 5 years.
What are my Miranda Rights?
When an officer has arrested a person and begins to question them about the crime, the officer must
advise them of their Constitutional rights. These are usually: You have the right to remain silent. Anything
you say can and will be used against you in a court of law. You have the right to be advised by an
attorney before answering any questions. If you desire an attorney and cannot afford one, one will be
appointed for you free of charge.
Will I go to jail in Ohio for a first time DUI/OVI offense?
Probably not for a 1st time OVI offense; however, a second OVI offense and subsequent offenses may
result in a jail sentence in Ohio. This is why you need an experienced attorney to prevent you from
serving a jail sentence.
I have three serious DUI offenses in Ohio within seven years, what will my driver's license
penalties be?
Your driver's license could be suspended for five years. Before you appear in court, you need to have an
experienced DUI/OVI attorney to defend your rights. Dayton DUI Defense Firm can help lessen your
burdens. Call us anytime at (937) 222-1515 or 1-888-WE DO DUI.
How many hours of alcohol classes will I have to take?
A first time offender will usually take a Driers Intervention Program (DIP)
that is 72 hours.
What if I do not complete the Ohio DUI/OVI classes, what are the penalties?
You will more than likely have to serve jail time in Ohio.
How much can I drink before I am over the DUl limit in Ohio?
This depends on a variety of factors including your body weight, how regularly you drink and how long
you have been drinking. A good rule of thumb is that your body processes and eliminates the alcohol from
one drink per hour, however, everyone is different.
How much does it cost to reinstate my license after my suspension is up?
Unless your Dayton DUI/OVI attorney can get your automatic license suspension lifted because of some
legal issue, the Ohio BMV will charge you $425 to reinstate your license.
