A first-time OVI (operating a vehicle impaired) is a misdemeanor, but it can still affect your license and your freedom. Ohio’s penalties for first-time offenders vary, depending on your level of impairment and whether you refused a chemical test.
Unlike many states, Ohio doesn’t call drunk or impaired driving DUI or DWI. The official term is OVI. The state makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination of the two. The law also applies to drug metabolites or controlled substances in your system, even if you weren’t drinking.
If this is your first offense and there were no aggravating factors (like injuries or minors in your vehicle), the charge is classified as a first-degree misdemeanor.
Even though a first-offense OVI is usually a misdemeanor, there are still minimum penalties if you’re convicted. These include:
The judge may also impose probation (known in Ohio as community control), alcohol or drug treatment, and other conditions as part of your sentence.
Note that OVI is one of the few misdemeanors in Ohio that cannot be sealed or expunged. That means even a first offense will show up on background checks for employment, housing, or education for the rest of your life. It’s worth exploring all legal defenses or alternatives before pleading guilty. Even if the evidence against you seems strong, you may have options to challenge the evidence or whether your rights were violated.
Ohio law increases the minimum penalties if your BAC was 0.17% or higher, which is also called a “high-level” OVI. The same applies if you refused a chemical test. In those cases, the minimum jail time increases to six consecutive days (maximum of six months), or three days in jail plus three days in a driver intervention program. A judge can also require you to install an ignition interlock device if you want limited driving privileges.
Ohio imposes an Administrative License Suspension through the Bureau of Motor Vehicles (BMV) if you test over the legal limit or refuse a chemical test. This is separate from the criminal legal process.
For a first test over the limit, your ALS lasts 90 days. If you refuse testing, the ALS lasts one year. These suspensions begin immediately after arrest. You have the right to challenge the suspension in court. However, you must request a hearing within 30 days of your initial appearance. An experienced OVI defense attorney can guide you through the criminal process as well as the administrative suspension and hearing.
A first OVI charge in Ohio can result in harsh legal consequences, but you may have more control over the outcome than you think. McNamee Defense can review your case and help you decide the best way to move forward. Reach out today for a consultation and get the experienced legal guidance you need.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.