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Will I Go to Jail for My First OVI in Ohio?

If you’ve recently been arrested for OVI in Ohio for the first time, you may be worried about the possibility of having to serve jail time. Can you go to jail for a first-time OVI? The answer is yes, although whether you do will depend on a range of factors, such as the circumstances surrounding your OVI offense and your prior history.

Understanding a First-Time OVI Charge

A motorist commits OVI in Ohio when they operate a motor vehicle while under the influence of alcohol or drugs to the extent they cannot safely operate their car or when they have a blood alcohol concentration of 0.08 percent or more. The driver may face a first-time OVI charge if they have no prior intoxicated driving convictions in their record or if they have not had another OVI conviction within the past ten years.

Possible Penalties for a First OVI

The penalties that a driver may face for a first OVI depend on the degree of their alcohol intoxication at the time of their arrest. A driver may face “low tier” penalties if they have a blood alcohol concentration of less than 0.17 percent. A driver may face “high tier” penalties if they have a blood alcohol concentration of 0.17 percent or more. Low-tier penalties include

  • Three days in jail to six months of incarceration or a minimum of three days in a driver intervention program
  • Up to five years of probation
  • A fine of $575 to $1,075
  • Option to order mandatory alcohol/substance abuse assessment and treatment
  • License suspension of one to three years, with no restoration of driving privileges for at least 15 days (30 days for chemical test refusal)
  • Optional ignition interlock requirement
  • Six points on driving record

High-tier penalties increase the minimum sentence to six days in jail or three days in jail, followed by three days in a driver intervention program.

Factors That Can Influence the Chances of Jail Time

Various circumstances may drive a trial court to impose jail time as part of a defendant’s sentence for a first-time OVI, including:

  • Driving with a higher level of intoxication (e.g., driving with a blood alcohol concentration of 0.17 percent or more)
  • Refusing to submit to chemical testing after an OVI arrest
  • Driving with minor children in the vehicle
  • Causing a motor vehicle accident
  • Prior criminal history

Drivers can minimize their risk of jail time for a first OVI through various strategies, including:

  • Hiring a seasoned OVI defense attorney who can advocate for a sentence that does not include jail time
  • Negotiating a plea agreement that requires a driver intervention program, probation, or an ignition interlock requirement as an alternative to incarceration
  • Raising various legal defenses to fight the OVI charge at trial, such as challenging the legality of the traffic stop or the reliability of field sobriety or chemical test results

Long-Term Consequences of a First-Time OVI

A driver who avoids jail for a first OVI conviction may still face other long-term consequences, such as:

  • Increased insurance premiums
  • A requirement to obtain an SR-22 insurance form
  • The stigma of having a criminal record that can adversely affect their ability to pursue employment, housing, or educational opportunities

Convicted defendants who must drive for work may also lose their employment after an OVI conviction.

Contact an OVI Defense Lawyer Today

If you’ve been arrested on suspicion of OVI, you need dedicated legal representation to give you the best chance of avoiding jail time if convicted. Contact The Law Offices of Saia, Marrocco & Jensen Inc.today for a free, confidential consultation with our attorneys to discuss your options.
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