Ohio OVI Penalties Checker
Ohio calls drunk or drugged driving “OVI.” The mandatory penalties in Revised Code 4511.19 jump sharply with each prior conviction — and they are roughly twice as harsh if the chemical test was “high” (0.17 BAC or more) or, with a prior OVI, if the driver refused the test. Pick the situation that matches to see the statutory range.
| Mandatory minimum jail / prison | |
| Maximum incarceration | |
| Fine range | |
| License suspension | |
| BMV points |
What this checker does not show
Administrative License Suspension (ALS). Separate from the criminal case, your license is usually suspended on the spot at arrest if you fail or refuse a chemical test (R.C. 4511.191) — 90 days for a first failed test, longer for refusals and priors. The BMV reinstatement fee for an ALS added on or after April 9, 2025 is $315.
Everything is fact-specific. Municipal OVI ordinances, felony specifications, accidents or injuries, a commercial license, and being under 21 (the separate OVUAC offense, R.C. 4511.19(B), carries 4 points and its own penalties) all change the picture. Judges also have discretion inside every range shown here.
Ohio OVI penalties at a glance
The mandatory minimums in R.C. 4511.19(G)(1) for each tier this checker covers. “Low” means a test under 0.17 (or no high test); “high” means 0.17 or more, or a test refusal after a prior OVI within 20 years. Every OVI conviction also adds 6 BMV points.
| First offense (none in 10 years) — first-degree misdemeanor | Mandatory minimum: 3 days jail (a 3-day drivers’ intervention program may substitute) / 3 days jail plus the program on a high test. Fine $565–$1,075. Suspension 1–3 years. |
| Second offense (one prior in 10 years) — first-degree misdemeanor | Mandatory minimum: 10 days jail / 20 days on a high test. Fine $715–$1,625. Suspension 1–7 years. |
| Third offense (two priors in 10 years) — unclassified misdemeanor | Mandatory minimum: 30 days jail / 60 days on a high test. Fine $1,040–$2,750. Suspension 2–12 years. |
| Three or four priors in 10 years, or five or more in 20 — fourth-degree felony | Mandatory minimum: 60 days local incarceration or prison / 120 days on a high test, with more prison possible. Fine $1,540–$10,500. Class two suspension: 3 years to life. |
| Prior OVI was a felony — third-degree felony | Mandatory minimum: 60 days prison / 120 days on a high test, up to 5 years total. Fine $1,540–$10,500. Class two suspension: 3 years to life. |
Low test, high test, and the 10-year lookback
Ohio’s per-se limit is 0.08, but the penalty structure turns on a second line: 0.17. A test result of 0.17 or more puts the offense in the high-test category of R.C. 4511.19(A)(1)(f)–(i), which roughly doubles the mandatory minimum jail term. Refusing the test can land in the same category — under R.C. 4511.19(A)(2), refusing after a prior OVI conviction within the past 20 years is charged as a high-test offense. Which tier you are in depends on priors inside a 10-year lookback: a first offense means no OVI conviction in the previous 10 years. The one exception is a prior felony OVI, which makes any later OVI a third-degree felony no matter how long ago it happened.
A worked example: first offense, low test
Choose “None in the last 10 years” and the low-test option and the checker returns the first-offense tier, R.C. 4511.19(G)(1)(a): a first-degree misdemeanor with a mandatory minimum of 3 consecutive days (72 hours) in jail — which the court may suspend if you complete a 3-day drivers’ intervention program instead — up to 6 months in jail in total, a fine of $565 to $1,075, a license suspension of 1 to 3 years, and 6 BMV points. Note the fine floor: many OVI articles and penalty charts still cite a $375 minimum fine, but that figure is outdated — the current statutory minimum for a first offense is $565, under the version of R.C. 4511.19 in effect since April 9, 2025. The same driver with a high test would face at least 3 days in jail plus the intervention program (6 days in jail if the program is not available or not completed), with the same fine range and suspension.
Beyond jail and fines
The sentence is not the whole consequence. On a second offense, a vehicle registered in your name is immobilized for 90 days and its plates are impounded for 90 days. From the third offense onward, that vehicle is criminally forfeited to the state (R.C. 4503.234). An alcohol and drug assessment — and any recommended treatment — is mandatory at the second and third tiers. Courts can soften the driving side of a sentence: limited privileges for work, school and medical trips may be granted, sometimes with restricted plates or an ignition interlock, and a first offender who takes unlimited privileges with an interlock can have the suspension reduced (R.C. 4510.022). None of that changes the mandatory jail minimums above.
How to use this checker
- Select the prior-conviction count that matches your record inside the 10-year lookback (or a prior felony OVI).
- Select the test category: low test, or high test / qualifying refusal.
- Choose “Show the penalties” to see the degree of the offense, mandatory minimum, maximum, fine range, suspension and points for that combination.
Common questions
What are the penalties for a first-time OVI in Ohio? A first offense is a first-degree misdemeanor: at least 3 days in jail (a 3-day drivers’ intervention program may substitute, except that a high test requires both jail and the program), up to 6 months in jail, a fine of $565–$1,075, a license suspension of 1–3 years, and 6 BMV points — plus the separate administrative suspension described above.
What is the minimum fine for a first OVI in Ohio? $565. Penalty charts quoting a $375 minimum are out of date; the $565 floor is in the current R.C. 4511.19(G)(1)(a), in effect since April 9, 2025. The maximum fine on a first offense is $1,075.
What counts as a “high test” in Ohio? A chemical test result of 0.17 BAC or more — more than double the 0.08 per-se limit. Refusing a test also counts as the high-test category if you have a prior OVI conviction within the past 20 years.
How long is the license suspension for a second OVI in Ohio? One to seven years, on top of a mandatory minimum of 10 days in jail (20 on a high test) and a fine of $715–$1,625. A third offense carries a suspension of 2 to 12 years, and felony tiers carry a class two suspension of 3 years to life.
How many BMV points does an OVI add? Six points under R.C. 4510.036(C)(7) — half the 12 points that trigger a six-month point suspension, which is why a second serious conviction soon after an OVI is so dangerous.
Is the ALS the same as the court suspension? No. The Administrative License Suspension starts at arrest, before any conviction, if you fail or refuse a chemical test — 90 days for a first failed test, longer for refusals and priors. The court suspension in the table above is imposed at sentencing. The BMV reinstatement fee for an ALS record added on or after April 9, 2025 is $315.
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