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Ohio Driving Under the Influence Sixth Offense Penalty with an ORC 2941.1413 Specification

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


These OVI penalties become operative when Ohio Revised Code 2941.1413 is involved.  Here is what that section involves:


2941.1413 Mandatory additional prison term for felony OVI violation precluded unless charging instrument specifies prior convictions.

(A) Imposition of a mandatory additional prison term of one, two, three, four, or five years upon an offender under division (G)(2) of section 2929.13 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging a felony violation of division (A) of section 4511.19 of the Revised Code specifies that the offender, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more equivalent offenses. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:

“SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).

The Grand Jurors (or insert the person’s or the prosecuting attorney’s name when appropriate) further find and specify that (set forth that the offender, within twenty years of committing the offense, previously had been convicted of or pleaded guilty to five or more equivalent offenses).”

(B) As used in division (A) of this section, “equivalent offense” has the same meaning as in section 4511.181 of the Revised Code.


You need to answer these questions:

  1. Is this your sixth OVI (lifetime)?

  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?


Sixth under ORC 2941.1413

  • Sixty days in prison with an option of up to five years.

  • 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.


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