Penalties for Driving Under the Influence of Alcohol or Drugs
Violation of Low-Tier Provisions of R.C. 4511.19
(Low Tier is defined as over .08 BAC and below .170 BAC)
Judge Mark P. Painter 5-15-00
Offense within 6 Years
Jail
Fine
Driving Suspension
Time w/o Occupational Driving
Impoundment of Plates
Immobilization of Vehicle
Forfeiture of Vehicle
Immediate Vehicle Seizure
First Offense
3 days - 6 months
$250-1000
6 months - 3 Years
15 Days
No
No
No
No
Second Offense
10 days - 6 months
$350-1500
1 Year - 5 Years
30 Days
90 Days
90 Days
No
Yes
Third Offense
30 days - 1 year
$550-2500
2 Years - 10 Years
No Privledges
No
No
Yes
Yes
Fourth Offense (First Felony)
Minimum 60 days - 4th Degree Felony
$800-10,000
3 Years - Life
No Privledges
No
No
Yes
Yes
Second Felony
60 Days- 5 Years - 3rd degree Felony
$800-10,000
3 Years - Life
No Privledges
No
No
Yes
Yes
Penalties for Driving Under the Influence of Alcohol or Drugs
Violation of High-Tier Provisions of R.C. 4511.19
(High Tier is defined as over .170 BAC)
Judge Mark P. Painter 5-15-00
Offense within 6 Years
Jail
Fine
Driving Suspension
Time w/o Occupational Driving
Impoundment of Plates
Immobilization of Vehicle
Forfeiture of Vehicle
Immediate Vehicle Seizure
First Offense
3 or 6 days - 6 months
$250-1000
6 months- 3 years
15 days
No
No
No
No
Second Offense
20 days - 6 months
$350-1500
1 Year - 5 years
30 days
90 days
90 days
No
Yes
Third Offense
60 days - 1 year
$550-2500
2 Years - 10 Years
No Privledges
No
No
Yes
Yes
Fourth Offense (First Felony)
Minimum 120 days - 30 months - 4th degree felony
$800-10,000
3 Years - Life
No Privledges
No
No
Yes
Yes
Second Felony
Minimum 120 days - 5 years - 3rd degree felony
$800- 10,000
3 Years - Life
No Privledges
No
No
Yes
Yes
Disclaimer: This chart is intended for guideline purposes only. The application of these guides and mandatory elements would best be evaluated and interpreted by experienced D.U.I. Defense Counsel.

Effective September 2004, if an individual has a past DUI within the last 20 years, and they are pulled over for a DUI and they refuse to submit to a test, and are subsequently found guilty of DUI, then they are penalized at the High Tier level.

It is a 4th Degree Felony if an individual has received 5 or more DUI offenses within the last 20 years, and they are arrested and convicted of a subsequent DUI. They are called “predicate offenses.” The sixth (or more) DUI in 20 years is a mandatory prison term of 1, 2, 3, 4 or 5 years in prison. It must be served consecutively with any other mandatory time and prior to any other time to be served.

Unless the offense is a high-tier DUI the court now has discretion in deciding whether to order a defendant to display restricted license plates.

Please be advised that these are only some of the new changes that have taken effect as of September 2004.