Penalties for First OVI in Carrollton, Ohio
Most individuals arrested for OVI in Carroll County often don’t have prior criminal records. For those in this situation, consulting a Carrollton OVI lawyer with significant experience in defending against drunk driving charges can be greatly valuable. The Youngstown Criminal Law Group is here to help.
The Cost of a First-Time OVI in Ohio
Facing a first-time OVI charge in Ohio can be financially and personally challenging. Here’s a breakdown of the costs involved:
- Fines: Offenders may need to pay fines ranging from $375 to $1,075, plus court costs.
- License Reinstatement Fee: An additional $475 fee must be paid to have your driver’s license reinstated.
Beyond these financial penalties, first-time offenders often face other difficulties:
- Missed work resulting in income loss due to time spent in jail, court hearings, or meetings with a Carrollton criminal lawyer.
- The emotional toll of navigating the legal consequences of an OVI can be intimidating and overwhelming.
Additional First OVI Consequences
Jail Time or Driver Intervention Program
If your blood alcohol content (BAC) is between .08% and .17%, the court will require one of the following:
- Three days in jail, or
- Attendance at a Driver Intervention Program (DIP), a structured 72-hour seminar approved by the court designed to educate participants about the risks of drugs and alcohol.
Participants must cover the costs of the DIP, which may feel like another financial hurdle. However, the program’s benefits often outweigh its expenses, offering valuable insights into responsible driving and substance use.
Higher BAC Levels Have Stricter Penalties
If your BAC is above .17%, or you refused a chemical test (e.g., breath test) but have a prior OVI conviction in the past 20 years:
- You may be sentenced to three days in the Driver Intervention Program plus three days in jail, or
- Six days of jail time.
Automatic License Suspension
A first-time OVI arrest includes an automatic administrative license suspension by the Bureau of Motor Vehicles (BMV), referred to as an Administrative License Suspension (ALS). Further suspension may occur, known as a Class Five license suspension, imposed by the judge. The Class Five suspension:
- Lasts a minimum of six months and can extend up to three years.
- Allows requests for occupational driving privileges after fulfilling certain conditions, enabling motorists to drive solely for work or school purposes.
Ignition Interlock Devices or Party Plates
Depending on your BAC level at arrest, the court may order:
- Installation of an Ignition Interlock Device (IID), which prevents the car from starting if any alcohol is detected in your system.
- Display of yellow “Party Plates” on your vehicle as a visible mark of your OVI offense.
First OVI ALS Suspensions
Refusing a chemical test or registering a BAC over .08% both result in administrative suspensions by the BMV:
- Test Refusal: A 1-year suspension for declining a blood, breath, or urine test.
- BAC Above .08%: A 90-day suspension.
Additionally, the judge may impose further license suspension periods, ranging between six months to three years.
Limited Driving Privileges After a First OVI
You may apply for limited driving privileges while your license is suspended. To do so:
- File a petition with the court having jurisdiction where the arrest occurred, such as a municipal court, mayor’s court, or, if under 18, juvenile court.
- Ensure you meet the court requirements for the privileges to be granted.
Limited driving privileges allow you to commute solely to work, school, or medical appointments.
Reinstating Your License After a First OVI in Ohio
Once you’ve served your suspension and completed other court-mandated requirements, you can take the following steps to reinstate your license:
- Fulfill all Court-Ordered Penalties
Serve the full suspension, attend any required programs (like the Driver Intervention Program), and pay any court-ordered fines.
- Submit Proof of Insurance
Provide verification of insurance coverage to the BMV.
- Pay License Reinstatement Fee
Send a payment of $475 to the BMV at:
For more detailed requirements, refer to Ohio Revised Code Section 4510.038.
Summary of Penalties for a First OVI in Carrollton , Ohio
Charge Type | Jail Time | Fines | License Suspension | Driving Privileges | “Party” Plates | Ignition Interlock |
1st OVI with Low BAC | 3 Days to 6 Months | $375 to $1,075 | 6 Months to 3 Years | Eligible after 15 days beginning from the date of the offense (ALS) | Optional | Optional |
1st OVI with High BAC | 6 Days to 6 Months | $375 to $1,075 | 6 Months to 3 Years | Eligible after 15 days beginning from the date of the offense (ALS) | Mandatory | Optional |
1st OVI with Refusal | 3 Days to 6 Months | $375 to $1,075 | 1-Year ALS minimum, with 6 Months to 3 Years Court Suspension | Eligible after 30 days beginning from the date of the offense (ALS) | Optional | Optional |
Need Guidance?
Call (330) 992-3036 or contact us online today to schedule a free consultation with a trusted Carrollton criminal lawyer. We’re here to help you through this challenging process.