Second Offense OVI in Ohio

A drinking and driving offense is referred to as an OVI (operating vehicles under the influence of alcohol or drugs) in Ohio. Under Ohio Rev. Code § 4511.19, police officers can arrest any individual whose blood alcohol content (BAC) is equal to or above 0.08%. The law establishes other measurable limits of alcohol and drug concentration, expressed as percentages in blood, breath, or urine, that indicate when a person has committed an OVI in Ohio.

People who break the law for a second time within 10 years (or 20 years in some cases) of their first offense of conviction are said to have committed a first-degree misdemeanor. This classification attracts harsher punishments under Ohio law, which exemplifies the state's commitment to discouraging repeat offenses.

Is a 2nd OVI a Felony in Ohio?

Yes, in some situations. The following are felony charges for various second OVI offenses:

• Vehicular manslaughter (first-degree felony): If a death or unlawful termination of a pregnancy occurred due to a driver's second offense within 20 years of their first offense of conviction.
• Aggravated vehicular assault (third-degree felony): The accident physically harmed someone else or their unborn child.
• Aggravated vehicular assault (second-degree felony): If the individual's first crime was a third-degree felony for vehicular assault
• Third-degree felony: If a person's previous OVI conviction is classed as a felony, regardless of when the first offense occurred.

A Second OVI within the first ten years of the offense for which a person pleaded guilty or was convicted is classified as a misdemeanor of the first degree. Such misdemeanors generally attract jail sentences of up to 180 days. Be that as it may, Ohio Rev. Code § 4511.19(G)(1)(b)(i) establishes a compulsory jail term of 10 consecutive days (at the minimum) for the most minor offenses unless the judge imposes other sentences, such as house arrest or continuous monitoring.

What is the Lookback Period for a Second OVI in Ohio?

A lookback period refers to the time frame used to determine how to classify and penalize subsequent offenses. In Ohio, the lookback period for a second OVI is generally 10 years from the date of the person's last offense that led to the OVI conviction. It should be clarified that the lookback period starts counting from the date the OVI incident occurred.

In certain instances, such as a refusal to submit to chemical testing, a death, or the termination of a pregnancy, the lookback period extends to 20 years.

Notably, there are no lookback periods in Ohio if a person is convicted of an OVI offense under the Columbus City Code or has a prior felony OVI conviction.

What are Aggravating Factors in a Second OVI?

Aggravating factors are conditions that increase the severity of punishments for second OVI offenses. They include the following:

• Higher BAC content
• Criminal history
• Reckless driving
• Causing an accident
• Accidents that lead to death or the termination of a pregnancy
• Resisting chemical testing

What Happens If You Get a 2nd OVI in Ohio

When a person is convicted of violating OVI laws for the second time, they will potentially face the following consequences:

• Criminal record
• One-year license suspension
• Mandatory jail sentence
• House arrest with electronic monitoring
• Continuous alcohol monitoring
• Fine of at least $715 and up to $1,625
• Ignition Interlock Device
• Yellow license plate
• Substance abuse treatment
• Vehicle immobilization
• Points on a driver's license

How Long Does a Second OVI Stay On Your Record in Ohio?

Indefinitely. In Ohio, an individual cannot seal or expunge an OVI record unless they escaped conviction. Thus, people convicted of second OVI offenses will have a permanent record that shows up during background searches for employment, auto insurance, tenancy, or financial transactions.

How Much Does a Second OVI Cost in Ohio

According to Ohio Rev. Code § 4511.19(G)(1)(b)(iii), second OVI offenses generally attract fines ranging from $715 to $1,625. Judges have discretion to determine the maximum fine amount within the range established by the law based on aggravating factors, such as a person's blood alcohol content.

This section of the law (§ 4511.19(G)(1)(b)(iii)) overrides fines established under Chapter 2929 of the Ohio Revised Code, where the maximum fines for felonies can be higher.

At the same time, offenders will also cover other costs related to court filings, attorney fees, license reinstatement, ignition interlock devices, and substance abuse programs.

Chances of Going to Jail for a Second OVI in Ohio

As established earlier, there is a mandatory minimum jail sentence of 10 consecutive days for standard second OVI offenses. However, this number can increase depending on aggravating factors, such as the following:

• High BAC level or refusal to submit to testing: 20 days
• Third degree OVI felony: 60 or 120 days mandatory minimum sentence, depending on the level of alcohol and whether the individual refused testing

Alternatively, the court can sentence a second-time defendant guilty of standard OVI crimes to 5 consecutive days in jail plus at least 18 straight days of house arrest with electronic or continuous alcohol monitoring.

For high BAC level or refusal to submit to testing, the alternative sentencing is 10 consecutive days in jail plus at least 36 straight days of house arrest with electronic or continuous alcohol monitoring, or both.

There is a maximum sentence of 6 months' confinement for most second OVI offenses.

Driver's License Suspension for a Second OVI in Ohio

Ohio law mandates the suspension of a second offender's driver's license for 1 to 7 years. The court will also immobilize the vehicle involved in the violation and impound its license plates for 90 days.

However, drivers can apply for limited driving privileges if they qualify under Ohio Rev. Code § 4510.021.

Notwithstanding, offenders will also be subject to other loss of driving privileges and court-ordered probationary conditions.

Ignition Interlock Device Requirement

According to Ohio Rev. Code § 4510.13(A)(5)(ii), individuals must install Ignition Interlock Devices (IIDs) on their vehicles if they are granted limited driving privileges on or after the 46th day of their driver's license suspension. The IID prevents vehicles from starting if the driver's BAC exceeds the acceptable amount.

Individuals must use devices from approved vendors listed on the Ohio Traffic Safety Office's website. Costs include monthly lease payments, installation fees, and calibration and removal charges. The offender must cover these payments unless explicitly exempted by law.

OVI School and Substance Abuse Treatment

Courts generally order second OVI offenders to undergo assessments by community addiction services to determine whether treatment is necessary. The offender will be directed to follow the service provider's treatment recommendations.

Probation Conditions

Ohio Rev. Code § 2929.01(E) refers to probation as a "community control sanction". It is a sentencing alternative to incarceration, in which an offender remains in the community under structured supervision and must comply with specific conditions imposed by the court.

Community control is only imposed when a second OVI offense is classified as a felony under Ohio Rev. Code § 4511.19(G)(1)(e).

Community Service Requirements

In Ohio, various community service conditions can be imposed on second OVI offenders convicted of a felony as part of community control measures. Generally, judges have the discretion to add community service to a person's penalty.

Impact on Auto Insurance

Second offenders may be subject to higher insurance premiums since OVI convictions stay on a person's record permanently. While there are no specific laws that authorize non-renewals or cancellations, insurance companies are allowed to suspend or cancel policies pursuant to a person's driver's license suspension under Ohio Rev. Code § 3937.31. The Ohio Bureau of Motor Vehicles also mandates individuals whose licenses have been suspended for the second time to carry a certificate of insurance (SR-22) for one year.

Which Courts Handle OVI Cases in Ohio?

According to Ohio law, second OVI cases classified as misdemeanors can be heard in municipal, mayor's, and county courts. These courts can also handle preliminary hearings for felonious OVI offenses. However, OVI cases classified as felonies are under the jurisdiction of the Courts of Common Pleas.

The following are the addresses and contact details of some courts that hear OVI cases in Ohio:

Franklin County Municipal Court
375 South High Street
Columbus, Ohio 43215
Phone: (614) 645-8214

Franklin County Court of Common Pleas
345 South High Street
Columbus, OH 43215
Phone: (614) 525-3453

Toledo Municipal Court
555 North Erie Street
Toledo, OH 43604
Phone: (419) 936-3650

Cleveland Municipal Court
1200 Ontario Street
Cleveland, Ohio 44113

Cuyahoga County Court of Common Pleas
1200 Ontario Street
Cleveland, Ohio 44113
Phone: (216) 443-8560

Notwithstanding, the Ohio Bureau of Motor Vehicles is in charge of administrative sanctions related to second OVI offenses. These include executing license suspensions, administering certain aspects of community control, overseeing ignition interlock device installations and adherence, and reinstating licenses upon eligibility. Individuals can contact the bureau using these details:

Ohio Bureau of Motor Vehicles
1970 West Broad Street
Columbus, Ohio 43223
Phone: (844) 644-6268

Can You Get an OVI on a Horse in Ohio?

No. Horses are not defined as "vehicles" under Ohio Rev. Code § 4501.01. Per the law, "vehicles" are everything on runners or wheels. As such, people who are drunk while riding horses cannot be charged with OVI offenses. However, police officers may charge drunk riders if the horse is pulling a carriage (or Amish buggy).

Generally, anyone riding a horse while drunk or impaired by drugs may be charged with disorderly conduct (Ohio Rev. Code § 2917.11).