Vehicle Impoundment & Criminal Seizure After OVI in Ohio

An Overview of OVI and Vehicle Sanctions in Ohio

When an individual in Ohio is convicted of Operating a Vehicle while Impaired (OVI), they face numerous legal consequences, including mandatory minimum penalties. These penalties often include the immobilization or seizure of the vehicle associated with specific instances of OVI, as determined by the court.

Legal Grounds for Immobilization and Seizure

If the vehicle involved in the offense is registered in the offender’s name, it will be immobilized, and its license plates will be impounded. This is enforced under the Ohio Revised Code (R.C.) §§4503.233 and 4511.19 or 4511.193.

Alternatively, when the vehicle is registered under the offender’s name, the court is obligated to issue a criminal seizure order. This falls under R.C. §§4503.234 and 4511.19 or R.C. §§4511.193 and 4511.195(C) and (D).

However, vehicle immobilization or seizure typically applies only after a first OVI conviction, in accordance with R.C. §4511.19(G)(1)(b), (c), (d), and (e), and R.C. §4503.233.

Hardship Waiver for Household Members

If immobilizing the vehicle creates an undue hardship for a family member who is reliant on the vehicle but was uninvolved in the offense, they may seek a hardship waiver. This waiver is outlined in R.C. §4503.235(A).

Do you have questions about Ohio’s vehicle immobilization and seizure laws after OVI convictions? Reach out to Youngstown Criminal Law Group and consult with a skilled Carrollton OVI lawyer for personalized assistance in navigating your case.

Legal Mandates for OVI Offenses in Ohio

After a second or subsequent OVI offense, Ohio law enforces specific judicial orders, which vary depending on the offender’s prior convictions within a defined period:

Second-Time OVI (within six years)

• License Suspension: A Class 4 suspension lasting 1 to 5 years.
• Restricted Driving Privileges: May be permitted.
• Mandatory Immobilization: Vehicles are immobilized for 90 days.
• License Plate Impoundment: Plates must be impounded for 90 days.

Third-Time OVI (within six years)

• License Suspension: A Class 3 suspension for 2 to 10 years.
• Restricted Driving Privileges: Possible.
• Vehicle Seizure: Criminal seizure of the vehicle is mandatory.

Fourth or More OVI Offenses (within six years) or Sixth OVI (within 20 years)

• License Suspension: A Class 2 suspension ranging from 3 years to a lifetime.
• Limited Driving Privileges: May be granted.
• Mandatory Seizure: The vehicle must be criminally seized.

OVI Post Prior Felony Conviction

• License Suspension: A Class 2 suspension lasting 3 years to life.
• Restricted Driving Privileges: Optional.
• Vehicle Seizure: Criminal seizure of the vehicle is compulsory.

Following the conviction, a $100 immobilization fee will be applied under R.C. §4503.233(B). It’s important to note that these measures apply only if the offender owns the vehicle in question and it was used in the offense.

Critical Points for a Vehicle Immobilization Order

When a court mandates vehicle immobilization for an OVI violation, the order must cover specific information:

Key Components of the Court Order

1. Immobilization Duration: Clear specification of the immobilization period.
2. Vehicle Identification: Make, model, and year of the vehicle.
3. Issue Date: Exact date of the order’s issuance.
4. Authorized Executor: The entity responsible for immobilization—this could be the arresting agency, court personnel, or a designated third party.
5. Registrar Restrictions: Owners are barred from registering any new license plates until immobilization fees are cleared.

Where the Vehicle is Immobilized

• Government-owned facilities operated by law enforcement.
• Private commercial storage venues.
• Locations under government control or approved by the registrar.

Timelines and Enforcement

• Immobilization begins the day the vehicle is immobilized.
• If previously impounded under R.C. §4510.41 or R.C. §4511.195, the period served is included in the immobilization term.

What Happens During and After Immobilization?

License Plate Handling

License plates will be confiscated and sent to the Bureau of Motor Vehicles for destruction.

Vehicle Release and Renewals

Once the immobilization duration ends and fees are cleared, the vehicle owner may obtain new license plates and—if applicable—renew their registration.

Violating the immobilization directive by operating the vehicle on public roads could lead to severe consequences, including impoundment and eventual criminal forfeiture, per R.C. §4503.234.

Selling an Immobilized Vehicle

Vehicle owners intending to sell their immobilized vehicles must comply with the following legal requirements:

Court Approval

The sale of an immobilized vehicle requires court approval, as laid out in R.C. §4503.233(D)(4). Unauthorized title transfers conducted post-arrest and pre-immobilization may result in additional penalties.

Court-Ordered Title Transfers

If the offender opts not to reclaim the vehicle or fails to cover storage costs, the court may transfer the title to another party, such as a lienholder or the storage facility owner, per R.C. §4503.233(E)(3).

Seeking Legal Guidance

Navigating complex legal procedures related to vehicle immobilization and seizure after an OVI conviction can be overwhelming. Consulting a skilled Carrollton criminal lawyer at Youngstown Criminal Law Group can provide clarity and assistance every step of the way. Contact us today at (330) 992-3036 to protect your rights and stay compliant.