Ohio · OVI · Checked October 2026
Ohio OVI Penalties: First, Second and Third Offense
Ohio OVI Penalties: What Are the Rules?
Ohio sets OVI penalties by offense, and they rise with each conviction.
- First offense jail
- 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months
- First offense fine
- $565 to $1,075
- First offense license
- Class five suspension, 1 to 3 years
- Felony
- A fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony
- Lookback period
- 10 years
Ohio OVI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor of the first degree | misdemeanor of the first degree | unclassified misdemeanor |
| Jail | 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months | 10 consecutive days mandatory (20 consecutive days for a high-tier test); up to 6 months | 30 consecutive days mandatory (60 consecutive days for a high-tier test); up to 1 year |
| Fine | $565 to $1,075 | $715 to $1,625 | $1,040 to $2,750 |
| License suspension | class five suspension, 1 to 3 years | class four suspension, 1 to 7 years | class three suspension, 2 to 12 years |
| Ignition interlock | the court may grant unlimited driving privileges with an ignition interlock device |
Other First Offense Penalties in Ohio
- High-tier test (0.17 or more breath/whole blood) or refusal with a prior: at least 3 consecutive days in jail and a three-day drivers' intervention program, or 6 consecutive days in jail
Other Second Offense Penalties in Ohio
- Applies to one prior OVI conviction within ten years
- Vehicle immobilization and plate impoundment
Other Third Offense Penalties in Ohio
- Applies to two prior OVI convictions within ten years
- Criminal forfeiture of the vehicle involved
When Penalties Are Higher in Ohio
- Test result of 0.17 or more (breath or whole blood), or 0.238 urine: Higher mandatory jail: first offense 3 days in jail plus a three-day drivers' intervention program (or 6 days in jail); second offense 20 consecutive days; third offense 60 consecutive days
When an OVI Is a Felony in Ohio
A fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony.Ohio Rev. Code § 4511.19(G)(1)(d), (G)(1)(e)
How Far Back Prior Offenses Count in Ohio
10 years. Prior OVI convictions within ten years set the second and third offense penalties; six or more within twenty years makes the offense a felonyOhio Rev. Code § 4511.19(G)(1)
More on OVI Law in Ohio
See the full overview of OVI laws in Ohio and read about first-offense DUI penalties across the states.
This page summarizes Ohio law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Ohio can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First OVI in Ohio?
Jail: 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months. Fine: $565 to $1,075. License suspension: class five suspension, 1 to 3 years.
What Is the Penalty for a Second OVI in Ohio?
Jail: 10 consecutive days mandatory (20 consecutive days for a high-tier test); up to 6 months. Fine: $715 to $1,625. License suspension: class four suspension, 1 to 7 years.
When Is an OVI a Felony in Ohio?
A fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony.