While first-time Operating a Vehicle under the Influence (OVI) offenders receive some leniency, second-time offenders within 10 years face much harsher consequences. First, Ohio mandates jail time for a second OVI conviction, even if the incident did not involve an accident or injury. Second, a second OVI conviction results in mandatory vehicle immobilization or forfeiture, which requires the convicted individual’s vehicle to be impounded for 90 days.
Cincinnati Attorney for Second OVI
Whether you made a mistake or were illegally arrested for an OVI, know that you need to contact an experienced attorney as soon as possible. While law enforcement may give a person the benefit of the doubt for a first OVI offense, the fact is that they will most likely not believe a word you say if you have an OVI offense on record.
If you or someone you know has been charged with a subsequent OVI offense, you need to contact the Wieczorek Law Firm immediately. Mark Wieczorek has over 16 years defending clients in criminal and OVI cases.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Second OVI in Ohio
- Second OVI Offenses
- Restrictions on Probation
- Long-Term Consequences of a Second OVI Conviction
- How Vehicle Immobilization or Forfeiture Works
- Ignition Interlock Devices
- Differences Between Second OVI and Felony OVI
- Administrative License Suspension (ALS) Process
- Substance Abuse Treatment
- How Prior OVI Convictions Are Proven
- Special Considerations for Out-of-State Drivers
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Second OVI in Hamilton County, OH
Second OVI Offenses
Standard Second OVI Offense (BAC 0.08%–0.169%) – A second OVI offense occurs when a person operates a vehicle under the influence of alcohol or drugs and has one prior OVI conviction within 10 years. If the driver’s blood alcohol concentration (BAC) is between 0.08% and 0.169%, penalties include 10 to 180 days in jail, fines between $525 and $1,625, and a license suspension lasting 1 to 7 years. Additionally, courts impose 90 days of vehicle immobilization for offenders who own the vehicle. The court may also require the installation of restricted yellow license plates and participation in substance abuse treatment programs for reinstatement of driving privileges.
High-Test Second OVI Offense (BAC 0.17% or Higher) – A high-test OVI, defined by a BAC of 0.17% or higher, triggers harsher penalties. Under ORC 4511.19(G)(1)(b), the offender faces a minimum of 20 days in jail, which can include a combination of jail time and house arrest. Fines remain between $525 and $1,625, while license suspensions often extend longer than for lower BAC offenses. Offenders must comply with ignition interlock device (IID) requirements to regain driving privileges and serve the mandatory 90-day vehicle immobilization period. Courts can impose additional penalties in cases involving reckless driving or repeat offenses.
Drug-Related Second OVI Offense – Drug-related OVI charges apply when a driver is under the influence of controlled substances, such as illegal drugs or impairing prescription medications. Penalties mirror those of alcohol-related offenses, including 10 to 180 days of jail time, $525 to $1,625 in fines, license suspension of up to 7 years, and mandatory vehicle immobilization or forfeiture. Blood or urine tests must confirm the presence of drugs above legal thresholds. Courts often require treatment or counseling for drug dependency as part of the sentencing process.
Refusal to Submit to Testing – Under ORC 4511.191, refusing a chemical test results in an Administrative License Suspension (ALS) lasting 1 to 5 years, regardless of conviction. This is treated as a separate violation, carrying mandatory penalties such as jail time and fines if convicted. Courts may also impose IID installation as a condition for limited driving privileges, compounding the financial and legal consequences of refusal.
Restrictions on Probation
Under ORC 4511.19(G)(1)(b), the mandatory minimum jail time of 10 days for a second OVI cannot be avoided through probation or diversion programs. This requirement ensures that offenders serve at least part of their sentence in custody.
Additionally, while some first-time OVI offenders may qualify for intervention in lieu of conviction (ILC), this option is generally unavailable for second OVI offenses. Courts often view second offenses as indicative of a pattern of behavior that requires punitive and corrective measures, rather than diversionary programs.
Long-Term Consequences of a Second OVI Conviction
Those convicted of any OVI face higher auto insurance, with some insurers refusing coverage altogether. This risk increases substantially for repeat offenders. The conviction also remains on the offender’s criminal record permanently, affecting background checks for jobs, housing, and professional licenses.
For repeat offenders, a second OVI can also lead to long-term driver’s license suspension and extended reliance on ignition interlock devices, further restricting daily life. Defendants should consult with an experienced attorney to mitigate these outcomes.
How Vehicle Immobilization or Forfeiture Works
Under ORC 4511.19(G)(1)(b), a court must order 90 days of vehicle immobilization for individuals convicted of a second OVI offense if they own the vehicle involved. The car cannot be used during this period, even by other family members or co-owners. In more severe cases, the court may order permanent forfeiture of the vehicle.
The decision to immobilize or forfeit a vehicle depends on factors such as prior convictions and aggravating circumstances. Co-owners or family members who depend on the vehicle may petition the court to reconsider. However, vehicle forfeiture is often non-negotiable for repeat offenders, making this penalty particularly burdensome.
Ignition Interlock Devices
Ignition interlock devices (IIDs) are mandatory for many second OVI convictions in Ohio. These devices require drivers to pass a breath test before starting their vehicle. If alcohol is detected, the car will not start. Under ORC 4511.19(G)(1)(b), the court may also require IIDs as a condition for limited driving privileges during a license suspension.
Defendants should prepare for the financial burden of installation, maintenance, and monthly fees associated with IIDs. Additionally, tampering with or failing to use an IID as directed can result in additional penalties, including further license suspension.
Differences Between Second OVI and Felony OVI
While most second OVI offenses are classified as misdemeanors, certain factors can escalate the charge to a felony under ORC 4511.19(D). A felony OVI is charged when an individual has three or more prior OVI convictions within 10 years, five or more within 20 years, or any prior felony OVI conviction.
Felony OVI penalties include lengthier jail sentences, higher fines, and a longer period of license suspension or vehicle forfeiture.
Administrative License Suspension (ALS) Process
The Administrative License Suspension (ALS) process begins immediately after an individual refuses or fails a chemical test. Under ORC 4511.191, the ALS is separate from court-ordered suspensions and is imposed by the Ohio Bureau of Motor Vehicles. For a second OVI, the ALS lasts one to five years, depending on the circumstances.
Individuals have the right to appeal an ALS within 30 days of its issuance. However, appealing the suspension does not guarantee it will be overturned. Drivers seeking to regain limited privileges must comply with all court orders, including IID installation and restricted license plates.
Substance Abuse Treatment
For second OVI convictions, Ohio courts often require participation in substance abuse treatment programs. These programs assess whether the offender struggles with alcohol or drug dependency and provide tailored treatment. Completing a program may be a condition of probation or license reinstatement under ORC 4511.19(G)(1)(b).
The type and duration of treatment vary but typically involve counseling sessions, group therapy, or alcohol education courses. Successful completion demonstrates accountability and may positively influence the court’s view during sentencing.
How Prior OVI Convictions Are Proven
To elevate a charge to a second OVI, the prosecution must prove the defendant has a prior OVI conviction within the past 10 years. This requires certified copies of prior court records under Ohio Rules of Evidence 803(22).
Defense attorneys may challenge the admissibility of prior convictions by questioning the authenticity of records, arguing procedural errors in the previous case, or showing that the prior conviction does not meet Ohio’s legal definition of OVI. If the prosecution fails to establish a prior conviction, the court may reduce the charge to a first-time OVI offense.
Special Considerations for Out-of-State Drivers
Out-of-state drivers charged with a second OVI in Ohio face unique challenges. Ohio participates in the Driver License Compact, meaning OVI convictions are reported to the defendant’s home state. This can lead to reciprocal penalties, including license suspension or revocation in the home state.
Out-of-state drivers must also comply with Ohio’s court orders, such as IID installation, even if they do not reside in the state. In many cases, an attorney can appear on their behalf to minimize the need for travel, but compliance with Ohio’s laws remains mandatory.
Frequently Asked Questions
- What qualifies as a second OVI in Ohio? A second OVI occurs when someone is charged under ORC 4511.19(A) and has a prior OVI conviction within the past 10 years.
- How long is the mandatory jail time for a second OVI? Ohio law requires at least 10 days of jail time for a second OVI, which increases to 20 days for a high-test result (BAC of 0.17% or higher).
- Can a second OVI be reduced to a lesser charge? In some cases, charges can be reduced through negotiation or insufficient evidence. However, this depends on the facts and the court’s discretion.
- What is the penalty for refusing a chemical test on a second OVI? Refusal triggers an Administrative License Suspension (ALS) of 1 to 5 years under ORC 4511.191, in addition to other penalties.
- Can I get limited driving privileges after a second OVI? Yes, limited privileges may be granted but often require installing an ignition interlock device and using restricted yellow plates.
- What is the “look-back period” for a second OVI in Ohio? The look-back period is 10 years, meaning a prior OVI conviction within that timeframe counts toward the second offense.
- How much are the fines for a second OVI? Fines range from $525 to $1,625, along with court costs.
- Do second OVI convictions stay on my record permanently? Yes, OVI convictions in Ohio are permanent and cannot be expunged from your record. They can also affect future charges and penalties.
Additional Resources
- Operating a Vehicle Under the Influence (OVI): Processing & Arrest – This source provides official procedures and guidelines used by the Cincinnati Police Department for processing and arresting individuals charged with OVI. It includes information on field sobriety testing, breathalyzer procedures, penalties, and the legal framework surrounding OVI offenses. Readers can learn how law enforcement enforces OVI laws and handles evidence, vehicle impoundment, and offender documentation.
- Second OVI Penalties and Procedures in Ohio – This section of the Ohio Revised Code outlines the legal definitions, penalties, and procedures for OVI offenses in Ohio, including second offenses. It provides details about mandatory jail time, fines, vehicle immobilization, and license suspensions. It also covers blood alcohol concentration limits and the legal consequences for refusing chemical tests. Readers can use this source to understand the specific laws governing OVI penalties in Ohio.
- Ignition Interlock Device Requirements in Ohio – This resource from the Ohio Bureau of Motor Vehicles explains the requirements for ignition interlock devices after an OVI conviction. It includes information on how the devices work, when they are required, and the process for installation and compliance. Individuals can learn about costs, restrictions, and penalties for non-compliance with interlock device requirements.
Hire an Attorney for Second OVI in Hamilton County, OH
If you or someone you know has been charged with a subsequent OVI offense, you need to contact the Wieczorek Law Firm immediately. Mark Wieczorek has over 16 years defending clients in criminal and OVI cases.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.