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Ohio Dwi Laws and penalties

 

Blood Alcohol content Limits

Under 21 - .02%

21 or older - .08%

Commercial - .04%

 

Ohio has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.

 

1st Offense

Minimum Jail 3 days

Refusal to take test: 1 year suspension of license

 

2nd offense

10 days jail

Refusal to take test: 2 year suspension of license

 

3rd Offense

30 days jail

Refusal to take test: 3 year suspension of license

 

Look back Period: 6 years (Period of time that prior OVIs are relevant for sentencing.

In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in Ohio. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second OVI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.

 

First Ohio DWI

1st Drunk Driving Conviction

• Jail – 3 Days Minimum up to 6 Months or,

• Driver Intervention Program – For 3 Days

• Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)

• License Suspension – From 6 Months to 3 Years

• Reinstatement Fee - $450

• Fine – From $250 to $1,000

 

Second Ohio DWI

2nd Drunk Driving Conviction

• Jail – 10 Days Minimum and,

• Electronic Home Monitoring – From 18 Days to 6 Months

• Jail – 20 Days (If Blood Alcohol Concentration .17 or Above)

• Fine – From $350 to $1,500

• License Suspension – From 1 to 5 Years

• Reinstatement Fee - $450

• Vehicle Immobilization – 90 Days

• Driver Intervention Program

 

Third Ohio OVI

3rd Drunk Driving Conviction

• Jail – 30 Days to 1 Year or,

• Jail – 15 Days and Electronic Home Monitoring from 55 days to 1 Year

• Jail – 60 Days (If Blood Alcohol Concentration .17 or Above)

• Fine – From $350 to $1,500

• License Suspension – From 1 to 10 Years

• Reinstatement Fee - $450

• Vehicle Immobilization – 180 Days

• Attend Mandatory Alcohol Treatment Program

 

Fourth Ohio DWI

4th Drunk Driving Convictions

• Felony Offense

• Jail – 60 Days to 1 Year

• Fine – From $800 to $10,000

• License Suspension – From 3 Years to Permanent

• Reinstatement Fee - $450

• Mandatory Vehicle Forfeiture

• Mandatory Drug / Alcohol Treatment Program

 


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