How Prior OVI Convictions Increase Penalties

If you are facing a subsequent OVI (Operating a Vehicle Impaired) conviction in Ohio, it is essential that you understand your rights. The state of Ohio implements a lookback period, which is ten years back from your current OVI offense. Any prior offenses within that period will count against you. This will result in a longer driver’s license suspension, increased minimum mandatory time, and steeper fines. If you would like to learn how the lookback period works in Ohio, it is crucial that you speak with our Mt. Gilead OVI criminal defense lawyers.

Penalties for Subsequent OVI Offenses in Ohio

Under Ohio law, a person who is operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater is operating a vehicle impaired (OVI). Enhanced penalties will apply for “high tier” BAC levels (0.17% or above). The prosecution will look at prior offenses to determine the severity of your penalty.

The following penalties can apply based on the number of offenses and your BAC:

• First OVI Offense (First in 10-Year Lookback): Three days to six months in jail, or a minimum of three days in a driver intervention program, $375 to $1,075 in fines, one to three years license suspension;
• Second OVI Offense (Second in 10-Year Lookback): 10 days to six months in jail or a minimum of five days in jail and 18 days of house arrest, $525 to $1,625 in fines, one to seven years license suspension;
• Third OVI Offense (Third in 10-Year Lookback): 30 days to one year in jail, 15 days minimum in jail and 55 days of house arrest, fines of $850 to $2,750, two to 12 years license suspension, and forfeiture of vehicle (minimum license suspension may be reduced to one year);
• Fourth or Fifth OVI offense (10-Year Lookback): Felony charge; up to one year of imprisonment, with the option of an additional 6 to 30 months, and fines of up to $10,500.

Liv’s Law

Recent legislation changes the lookback period for felony OVI offenses. Known as Liv’s Law, the lookback period for a sixth OVI offense in Ohio is extended to 20 years, coming with increased penalties. A 20-year lookback period also applies to aggravated vehicular homicide, vehicular assault, and involuntary manslaughter. Both minimum fines and jail time are increased under the new legislation.

Given the implementation of Liv’s Law, your defense strategy may need to be altered to reduce the severity of your penalties. If you are facing a sixth OVI charge or a felony OVI offense, The Law Offices of Saia, Marrocco & Jensen Inc., may attempt to invalidate your prior conviction. This may be done through claiming that evidence was obtained unlawfully or challenging the validity of the testing performed.

Ohio’s Ban The Box Law

Although Ohio has a “ban the box” law, which prevents public employers from asking about a person’s criminal record on their initial application, no current laws apply to private employers. While unfair, you will be forced to work within the system. To avoid these far-reaching consequences, it is important that you hire our legal team as soon as possible to secure a favorable outcome.

Reach Out to our Mt. Gilead OVI Criminal Defense Attorneys Today

If you have been charged with impaired driving, do not hesitate to contact our Mt. Gilead OVI criminal defense lawyers. At The Law Offices of Saia, Marrocco & Jensen Inc., our team of experienced professionals provides aggressive representation in the face of serious charges. To arrange your confidential consultation, contact us online or by calling (614) 444-3036 today.