Third OVI convictions in Ohio serious consequences, including a mandatory jail time that cannot be reduced or suspended. In addition, Ohio law mandates vehicle forfeiture for a third OVI if the vehicle is registered in the defendant’s name. This means the court may order the seizure and permanent loss of the offender’s car, creating significant personal and financial hardships.
Cincinnati Attorney for Third OVI Charge
Facing a third OVI charge in Ohio can happen more easily than many realize, and those accused need to act quickly to protect their rights. Consult an experienced OVI defense lawyer today at The Wieczorek Law Firm. Led by a former Ohio prosecutor with over 16 years of experience, Mark Wieczorek provides legal defense for those charged with a third DUI.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Third OVI Offenses
- Third OVI Offenses under Ohio Law
- Financial Costs of a Third OVI
- Steps to Reinstate Driving Privileges
- Treatment Options for Repeat Offenders
- How Prior Convictions Are Verified
- Consequences for Refusing a BAC Test
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Third OVI Charge
Third OVI Offenses under Ohio Law
Standard Third OVI Charge – Under Ohio Revised Code Section 4511.19, a third OVI offense within 10 years is typically classified as a first-degree misdemeanor. This charge involves driving under the influence of alcohol, drugs, or a combination of both, with a BAC at or above 0.08% or evidence of impairment. Offenders face a mandatory jail term of 30 days, which increases for higher BAC levels (e.g., 0.17% or more) or aggravating factors. Fines range from $850 to $2,750, and offenders may lose their driver’s license for two to 12 years. The court may impose additional requirements, such as restricted “party plates,” ignition interlock devices, and mandatory treatment programs.
Third OVI with High BAC or Refusal – If a driver is found to have a high BAC (0.17% or greater) or refuses a chemical test, penalties are more severe. Mandatory jail time increases to at least 60 consecutive days, and administrative license suspensions may extend for up to five years. In addition to the penalties outlined above, offenders may face longer suspension periods or increased fines. Refusing a test also makes reinstatement of driving privileges more challenging.
Felony Third OVI – A third OVI charge may escalate to a felony if there are aggravating circumstances, such as prior felony OVI convictions or causing an injury while impaired. Felony OVI convictions carry harsher penalties, including mandatory prison sentences of six months to three years, fines of up to $10,000, and permanent license revocation. Vehicle forfeiture is almost certain for felony-level offenses.
Financial Costs of a Third OVI
The financial burden of a third OVI conviction goes far beyond fines, which range from $850 to $2,750. Individuals must also pay court costs, legal fees, and reinstatement fees for their driver’s license. The cost of installing and maintaining an ignition interlock device can exceed $1,000 annually, and mandatory alcohol or drug treatment programs often carry additional expenses. Insurance premiums typically skyrocket, with rates increasing by hundreds or even thousands of dollars annually, with many insurers flat out denying coverage to those with three OVI convictions.
Steps to Reinstate Driving Privileges
After serving the penalties for a third OVI conviction, reinstating driving privileges involves meeting specific requirements. First, individuals must complete a certified alcohol or drug treatment program and provide proof of six months of sobriety. They must also file the Alcohol/Drug Reinstatement form (BMV 2326) with the Ohio Bureau of Motor Vehicles. Additionally, reinstatement fees must be paid, and in many cases, an ignition interlock device must be installed. The reinstatement process is not automatic; individuals must proactively meet all conditions before applying to restore their driving privileges.
Treatment Options for Repeat Offenders
For individuals facing a third OVI, treatment programs can play an essential role in rehabilitation. Courts may mandate participation in certified alcohol or drug treatment programs, which are designed to address the underlying issues contributing to repeat offenses. Options include outpatient counseling, inpatient treatment centers, and community-based addiction services. Successfully completing a treatment program can sometimes reduce penalties and is often a requirement for reinstating driving privileges. For those struggling with substance abuse, these programs provide a pathway to recovery.
How Prior Convictions Are Verified
A third OVI charge relies on proving two prior OVI convictions within the last 10 years. Courts use official records, such as certified copies of prior judgments, to verify these convictions. Defense attorneys may challenge the validity of prior convictions if there are errors in record-keeping or if the convictions were obtained in violation of constitutional rights. Successfully disputing prior convictions can reduce the severity of the current charge.
Consequences for Refusing a BAC Test
Refusing a chemical test during a third OVI stop triggers automatic penalties under Ohio’s implied consent laws. These include an immediate administrative license suspension, typically lasting one to five years. The refusal may also be used as evidence of guilt in court, potentially strengthening the prosecution’s case. Individuals must weigh the consequences of refusal versus compliance carefully, especially if prior convictions exist.
Frequently Asked Questions
What is the minimum jail time for a third OVI?
The minimum mandatory jail time for a third OVI conviction is 30 consecutive days, as specified under Ohio Revised Code Section 4511.19(G). This minimum increases with high BAC levels or aggravating circumstances.
Can someone still drive after a third OVI conviction?
Limited driving privileges may be granted under strict conditions, such as installing an ignition interlock device and using restricted license plates. The duration and terms are determined by the court.
What happens to the vehicle after a third OVI?
If the vehicle is registered in the defendant’s name, Ohio law allows for mandatory forfeiture. This means the defendant may permanently lose their car.
Can a plea deal reduce jail time?
Ohio law mandates minimum jail sentences for third OVI convictions, which cannot be suspended or reduced through a plea deal. However, alternative sanctions may be available under specific circumstances.
Is a third OVI a felony?
A third OVI is typically a first-degree misdemeanor. However, it can be charged as a felony if aggravating factors, such as prior felony OVI convictions, are present.
Will a third OVI conviction affect employment?
A conviction may impact employment, especially for jobs requiring driving or a commercial driver’s license. It may also affect professional licenses in certain fields.
How long does an OVI stay on a person’s record?
An OVI conviction in Ohio is permanent and cannot be expunged. It may impact sentencing for future offenses indefinitely.
Additional Resources
- Ohio Revised Code Section 4511.195: Seizing and Detaining Vehicles If Operator Has Prior Convictions – This section explains the rules for vehicle seizure and detention when an individual is arrested for OVI with prior convictions. It covers scenarios where vehicles may be immobilized or forfeited and provides details on legal rights for vehicle owners.
- Ohio Bureau Of Motor Vehicles: Habitual Use of Alcohol/Drugs Suspension – This source describes the Ohio Bureau of Motor Vehicles’ policy on habitual alcohol or drug use and license suspensions. It provides details about the reinstatement process, including required treatment programs, sobriety periods, and submission of official forms.
Hire an Attorney for Third OVI Charge
If you or someone you know has been charged with a third OVI charge, you need to contact the Wieczorek Law Firm today.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.