ContactAbout Your ArrestRemain SilentParent/Spouse/SOOut of StatePractice (Crimes)My FeeAbout Me/Location image displayed if flash reader not installed
Search WolfsLaw.com:
By phone:

Office:  (440) 777-1177

Cell:  (440) 823-4781

Fax:  (440) 398-0561

By e-Mail:

SWolf@Wolfslaw.com

By mail:

The Law Office of Stephen W. Wolf, LLC

26777 Lorain Road Suite 709

North Olmsted, Ohio  44070

Location:

Click here for location information

Pay by cash, check or credit:

Order Form



 

Ohio Driving Under the Influence Fourth, Fifth or Sixth Offense Penalties

Judges do not have the ability to go below these minimums!


You need to answer these questions:

  1. Is this your fourth or fifth OVI in six years or your sixth in twenty years?

  2. Is this alcohol or drugs?

  3. Did you take the test?

  4. Were the results of the breath test over 0.17 BAC?

  5. Do you have a prior refusal in the last twenty years?


Fourth or Fifth in Six Years

--  or Sixth in Twenty Years

 --  and Under 0.17 BAC or Drugs

 --  This is a felony!  

  • Either

    • Sixty to 365 consecutive days in jail, OR

    • Sixty days in prison with an option of up to 30 months.

  • A fine of between at least $1,350 and at most $10,500.

  • A license suspension of at least three years to at most life.  Driving privileges can be requested but only after three year hard suspension.  You must not drive for three years of your arrest.  Only then can you ask the judge to grant you privileges.

  • The judge must require an alcohol  or drug addiction program.

  • The judge must require you to have restricted license plates (party plates-the red on yellow license plates).

  • The judge must require you place an interlock on your car that requires you prove you have not been drinking if this is alcohol related.

  • If the vehicle is registered to you, the vehicle must forfeited to the arresting agency.


Fourth or Fifth in Six Years

--  or Sixth in Twenty Years

--  and at or over 0.17 or a refusal to take the test

--  This is a felony!

  • Sixty to 365 consecutive days in jail.

  • A fine of between at least $850 and at most $2,750.

  • A license suspension of at least three years to at most life.  Driving privileges can be requested but only after three year hard suspension.  You must not drive for three years of your arrest.  Only then can you ask the judge to grant you privileges.

  • The judge must require an alcohol  or drug addiction program.

  • The judge must require you to have restricted license plates (party plates-the red on yellow license plates).

  • The judge must require you place an interlock on your car that requires you prove you have not been drinking if this is alcohol related.

  • If the vehicle is registered to you, the vehicle must forfeited to the arresting agency.


Return to OVI penalties - click here

The OVI page - click here