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Third DUI in Ohio

Are you facing a third DUI in Ohio? A third DUI in Ohio is a very serious criminal offense.

If you are convicted for a third OVI offense in a six year period, your life will completely change as a result of conviction and you will lose many of your freedoms and privileges. It is common for previous OVI offenders to make the same mistake again. Six years is considered the look back period for OVI / DUI offenses in Ohio, which means that each offense is compared to the number or previous OVI / DUI convictions in the last six years.

A third OVI conviction will undoubtedly result in unforgiving penalties and consequences. You will face jail time, expensive fines, alcohol treatment, the charge permanently being on your criminal record, difficulty keeping your job as well as financially, and potentially having a damaged reputation as the result of being a repeat OVI offender.

An OVI charge in Ohio is also known as operating a vehicle under the influence of drugs or alcohol. An OVI can be defined according to the Ohio Revised Code (ORC 4511.19) as anyone who operates a motor vehicle while they are under the influence of alcohol, drugs, or a combination of alcohol and drugs and their blood alcohol concentration (BAC) is over the legal limit of .08 %.

If you are facing your third OVI / DUI charge in Ohio, it is critical that you consult with an attorney as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed. You do not have go through this experience alone. The Cincinnati Criminal Defense Attorneys are here to provide their expertise, understanding and legal counsel to help you deal with charges that you are currently facing. The sooner you consult with a Cincinnati Criminal Defense Attorney, the better, as they will work diligently to achieve the most favorable outcome for your case. This could mean the difference between serving less jail time to a complete dismissal of charges altogether.

Penalties for Third DUI in Ohio

Ohio third OVI / DUI penalty breakdown

  • BAC was .08% – .17%
    first degree misdemeanor with at least 30 days in jail, at least $850 in fines, 2yr driver’s license suspension
  • BAC was .17% or higher
    first degree misdemeanor with at least 60 days in jail, at least $850 in fines, and 2 yr driver’s license suspension

A third OVI conviction in Ohio carries some of the most severe penalties, and will undoubtedly be more serious than the previous two OVI convictions.

If you are facing your third OVI conviction within a six year period and you had a low BAC test (.08 – .17%), you will be charged with a first degree misdemeanor. This charge entails a minimum of 30 days in jail and up to a maximum of one year, or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest and up to a maximum of one year. You will be responsible for paying a minimum of $850 and up to a maximum of $2,750 in fines, attending a mandatory alcohol treatment program that you will also be responsible paying for, a driver’s license suspension for a minimum of two years and up to a maximum of 10, no driving privileges for 180 from the date the charge occurred, restricted yellow license plates, installing an ignition interlock device in your vehicle, up to 5 years on probation, and either immobilizing your vehicle for at least 90 days or forfeiting it.

If you are facing your third OVI conviction within a six year period and you had a high BAC test (.17% or greater), you will be charged with a first degree misdemeanor. This charge entails a minimum of 60 days in jail and up to a maximum of one year, or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest and up to a maximum of one year. You will be responsible for paying a minimum of $850 and up to a maximum of $2,750 in fines, attending a mandatory alcohol treatment program that you will also be responsible paying for, a driver’s license suspension for a minimum of two years and up to a maximum of 10, no driving privileges for 180 from the date the charge occurred, restricted yellow license plates, installing an ignition interlock device in your vehicle, up to 5 years on probation, and either immobilizing your vehicle for at least 90 days or forfeiting it.

If you are facing a third OVI / DUI conviction within a 6 year period of your last OVI conviction and refused a chemical test, then you will be charged with a first degree misdemeanor. This charge entails a minimum of 60 days in jail and up to a maximum of one year, or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest and up to a maximum of one year. You will be responsible for paying a minimum of $850 and up to a maximum of $2,750 in fines, attending a mandatory alcohol treatment program that you will also be responsible paying for, a driver’s license suspension for a minimum of two years and up to a maximum of 10, no driving privileges for 180 from the date the charge occurred, restricted yellow license plates, installing an ignition interlock device in your vehicle, up to 5 years on probation, and either immobilizing your vehicle for at least 90 days or forfeiting it.

Other Consequences of Third DUI in Ohio

Third OVI / DUI offenses in Ohio involve extremely harsh consequences in addition to jail time and expensive fines and fees.

Your third OVI / DUI conviction in Ohio will, unfortunately, have a negative impact on all other areas of your life. A third OVI / DUI conviction will permanently be on your driving as well as criminal record. You may also face increased vehicle insurance rates, difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and keeping custody of your children. You may also face being known in your community as a repeat OVI offender or someone with an alcohol or substance abuse addiction.

Immobilizing Your Vehicle

If you are convicted of a third OVI offense in Ohio, you are required to immobilize and relocate your vehicle if it is titled to you for at least a 90 day period. Essentially this entails having your vehicle towed to another location and then a law enforcement officer will put a boot or club on your car so it is unable to move. The only way you can get your vehicle out of impoundment is by an entry signed by a judge.

Administrative License Suspension (ALS)

An administrative license suspension is a civil penalty although it is imposed at an OVI stop. If you are stopped for a third drunk driving offense and refuse to participate in a chemical test of blood, breath, or urine requested by law enforcement OR you tested over Ohio’s legal limit , then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension.

If this is your third time refusing a chemical test or you have previously been convicted for an OVI, the administrative license suspension will last for three years.

An administrative license suspension can be appealed in Ohio. It must be appealed at the first court appearance, which is held within 5 days of being arrested or being issued the citation. Issues that are brought up on an appeal include whether the arrest was reasonable, whether the officer requested that the individual take a chemical test, whether the individual was informed of the penalties for refusal or failing a chemical test, and whether the individual refused or failed the chemical test. It is also important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety.

If you are facing an administrative license suspension, you can obtain limited driving privileges by filing a petition for up to 30 days after your initial appearance in court for the OVI charge. Limited driving privileges typically are for work, medical or educational reasons.

Third OVI / DUI offenses are common throughout the state of Ohio. If you are facing your third OVI / DUI charge, it is critical that you immediately contact a Cincinnati criminal defense attorney. A third OVI / DUI charge can be an overwhelming and anxiety-inducing experience, and you do not have to go through it alone. Although every case is different, it is crucial that you obtain an experienced, knowledgeable and compassionate attorney as soon as possible who will fight vigorously for your legal rights and best interest. The sooner you speak with an attorney, the better your options will be regarding your sentence. The Cincinnati Criminal Defense team has successfully defended hundreds of individuals charged with third OVI / DUI offenses. Their knowledge, experience, and compassion for your case will help you receive the justice you deserve.

Facing Your Third DUI in Ohio? Contact Cincinnati DUI Lawyers with LHA.

If you have been pulled over for an OVI, whether it’s your first time or a subsequent time, you’re likely stressed, angry, and worried about your future. The best thing to do is to call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates. In Cincinnati, attorney Brad Groene can walk you through your legal options and begin building a defense to reduce the penalties you face. Get the justice you deserve. Don’t hesitate to contact us today at or email us at advice@cincinnaticriminalattorney.com. We are available 24/7.
Cincinnati DUI Lawyer Brad Groene | Luftman, Heck & Associates