Third Offense OVI/DUI in Ohio

Being charged with a third DUI in Ohio is a serious crime. In Ohio, OVI, meaning "Operating a Vehicle Intoxicated," is used to describe DUI offenses, which include both drugs and alcohol. While .08 BAC is the legal limit pertaining to alcohol, it is illegal to drive with any amount of a controlled substances (drugs) present in the driver's blood. 

Administrative Penalties

If you are convicted of a third DUI/OVI with a BAC over .08, you will receive an Administrative License Suspension (ALS) for two years--unless your most recent DUI/OVI conviction is within six years, then the ALS is three years. If your third conviction includes a refusal to submit to a sobriety test, you will automatically receive a three year ALS.

The Lookback Period

There is no set lookback period. The court may consider all DUI/OWI convictions, regardless of how many years ago the convictions were entered.  However, more recent convictions can lead to longer ALS suspensions and stricter court sentences.

Felony vs. Misdemeanor

If your two previous DUI/OVI conviction occurred within six years immediately preceding the most recent charge, you will be charged with a felony.  Barring other extenuating circumstances defined in the Ohio Code, you will be charged with a misdemeanor.

Criminal Penalties

You will receive 30 days to one year in jail, and if your BAC was .17 or more, you will receive a jail term of at least 60 days. In some cases, you may be able to obtain an alternative sentence of 15 days in jail followed by electronic monitoring. You will also be ordered to pay a fine between $500 and $2,500, and you must enter an alcohol or drug treatment program at your own expense. In addition to the ALS, the court will order your license to be suspended for two to 10 years.

Plea Options

When charged with a third DUI/OVI, you have three options. You can Plead Guilty, and let the judge decide your sentence. You can hire an experienced DUI/OWI attorney to fight the charge and Plead Not Guilty. Or, you can attempt to plea bargain with the prosecutor. This means that you would offer to plead guilty in exchange for a known lesser sentence, instead of simply letting the judge decide your sentence. 

Getting Legal Help

In order to understand your plea options and the laws surrounding a third DUI in Ohio, it is best to obtain legal assistance from an attorney who specializes in these situations.