DUI Penalties in Cleveland
As DUI lawyers, we are honored to provide our clients with the most accurate and up-to-date information regarding the possible consequences they face as a result of a DUI conviction.
In Ohio, there are essentially two legal limits that pertain to breathalyzer results: 0.08% and 0.17%. A test result between 0.08% and 0.17% has significantly fewer consequences than a result over 0.17%.
DUI penalties in Cleveland can still be severe, and the consequences can last a lifetime.
DUI penalties can increase depending on the number of DUIs or prior refusals you have been convicted of.
It’s highly advisable to contact a DUI attorney in Cleveland in order to protect yourself from the consequences associated with a DUI/OVI arrest.
We are available 24/7 in order to help represent your case. Call us today at (440) 771-1175.
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Ohio DUI Penalties
DUI in Ohio First Offense: Breathalyzer Between 0.08% and 0.17%
A breathalyzer result between 0.08% and 0.17% results in the following penalties:
- Degree of Offense: Misdemeanor of the First Degree
- Incarceration: Minimum of 3 days in jail up to 180 days or DIP program
- Fines: $375 to $1,075
- License Suspension: 6 months to 3 years
- Driving Privileges: After 15 days
- Plates / Interlock: Optional
DUI in Ohio First Offense: Breathalyzer Over 0.17% or Refusal in Prior 20 Years
- Degree of Offense: Misdemeanor of the First Degree
- Incarceration: Mandatory minimum of 6 days in jail up to 180 days or 3 days in jail with DIP program
- Fines: $375 to $1,075
- License Suspension: 6 months to 3 years
- Driving Privileges: After 15 days, 30 days on a refusal.
- Plates / Interlock: Restricted plates required, interlock optional
Second DUI in Ohio: Breathalyzer Between 0.08% and 0.17%
- Degree of Offense: Misdemeanor of the First Degree
- Incarceration: Mandatory minimum of 10 days in jail up to 180 days or 5 days in jail with 18 days of house arrest on electronic monitoring
- Fines: $525 to $1,625
- License Suspension: 1 to 5 years
- Driving Privileges: After 45 days
- Treatment: Mandatory
- Plates / Interlock: Required
Second DUI in Ohio: Breathalyzer Over 0.17% or Refusal in Prior 20 Years
- Degree of Offense: Misdemeanor of the First Degree
- Incarceration: Mandatory minimum of 20 days in jail up to 180 days or 10 days in jail with 36 days of house arrest on electronic monitoring
- Fines: $525 to $1,625
- License Suspension: 1 to 5 years
- Driving Privileges: After 45 days (possibly as high as a minimum of 90 days)
- Treatment: Mandatory
- Plates / Interlock: Required
- Immobilization: 90 days mandatory immobilization of car if registered to the defendant
3rd DUI Offense in Ohio: Breathalyzer Between 0.08% and 0.17%
- Degree of Offense: Unclassified Misdemeanor
- Incarceration: Mandatory minimum of 30 days in jail up to 1 year or 15 days in jail with 55 days of house arrest on electronic monitoring
- Fines: $850 to $2,750
- License Suspension: 2 to 10 years
- Driving Privileges: After 180 days
- Treatment: Mandatory
- Plates / Interlock: Required
- Forfeiture: Mandatory forfeiture of a vehicle if registered to the defendant
3rd DUI Offense in Ohio: Breathalyzer Over 0.17% or Refusal in Prior 20 Years
- Degree of Offense: Unclassified Misdemeanor
- Incarceration: Mandatory minimum of 60 days in jail up to 1 year or 30 days in jail with 110 days of house arrest on electronic monitoring
- Fines: $850 to $2,750
- License Suspension: 2 to 10 years
- Driving Privileges: After 180 days, up to a possible 1 year on a refusal
- Treatment: Mandatory
- Plates / Interlock: Required
- Forfeiture: Mandatory forfeiture of the vehicle if registered to the defendant
These are the basic penalties you face if you are convicted of your first through third DUI/OVI in Ohio.
If you have been charged with a fourth/fifth DUI in ten years, or six DUIs in twenty years you are going to be facing a felony and need to immediately speak with our Cleveland DUI lawyers to prepare your case for a strong defense from a felony charge.
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If Convicted of a First OVI, Is Jail Automatic?
Many people are surprised to discover that there is a mandatory jail sentence attached to a first OVI conviction. It can be frightening to find out that you may be headed to jail for making a decision that is generally out of character.
So if I am convicted of my first OVI is jail automatic? Possibly. An experienced lawyer can help you avoid jail after OVI charges.
A first conviction has a mandatory sentence of at least 3 days in jail, up to 180 days. How long you spend in jail if you are convicted is up to the presiding judge, who will take into account many factors, including the facts of the case and prior record.
If you are convicted and it is your first offense, will you automatically be jailed? Although much depends on your case, the judge does have the option to let you complete a driver intervention program (DIP) instead of serving the minimum 3-day jail sentence.
A DIP is typically completed at a hotel over a weekend. You will attend classes that will educate you as to the hazards of drinking, especially while driving.
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Can an OVI Defense Lawyer Help Reduce the Penalties?
By now you have learned that all DUI / OVI cases in Ohio have mandatory jail time so if you head into court alone and plead no contest, you will be confined for a minimum of six days, depending on your case.
So, can a lawyer help reduce OVI penalties in Ohio? Absolutely.
When we were the prosecutors in an OVI trial, the criminal defense attorneys who presented facts and argued their clients’ cases were more likely to get a reduction from us.
As defense attorneys, we have helped many people with OVI charges get their penalties reduced, suppressed, or dismissed.
We focus on beating the OVI charge, but if that is not possible, we go into damage control mode. This means we use a lack of a prior record, the responsibilities to a family, a good standing in the community, and a person’s reputation to present a strong defense.
We do this in conjunction with using weaknesses in the prosecutor’s case. Even if it appears to be a “slam dunk,” there is almost always a real issue that we can use to help you.
Defend Against DUI Charges in Ohio with Our Help!
The importance of having an experienced DUI defense attorney represent you cannot be overstated. It is important to speak with a Cleveland DUI attorney about the facts of your case to find out how they can help you avoid Ohio OVI penalties as soon as possible.
Our attorneys are former prosecutors, and we have been on both sides of the spectrum. We know which cops are honest and which ones are not.
We know how to exploit their mistakes for your benefit. For example, we have been able to completely eliminate field sobriety test results due to police mistakes. We have a record of getting evidence excluded including breath test results.
Our clients benefit from our experience whether they get an OVI from alcohol or drugs. We do not take every case that comes our way but we promise to treat you with the dignity and respect that you deserve.
Call (440) 771-1175 for a free consultation. Your case evaluation is free without an obligation to hire us.
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- Martha L.
Seeking representation for federal charges against my husband led me to engage with an attorney from this firm. Swiftly connected with Joe Patituce, we made the decision to enlist his services that very day, a choice we're grateful for.
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- Cora B.
Their friendly and approachable team provided unwavering support. They worked diligently to build a robust defense, ensuring my side of the story was heard and considered!!!
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- Former Client
Cate Purdum was present, attentive, always returned my calls (I had attorneys before who never call you back), answered my questions and never ignored my calls. If I ever need an attorney in the future I will definitely go back to her.
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- Roberto M.
Catherine Meehan did an amazing job. Very responsive, friendly, and obviously very good with words. She kept me out of jail and home with my kiddo. For that I can't ever repay the favor. Much appreciated hope I never need your assistance again but if so I'll definitely give you a call. Thank you again.
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- Thomas S.
I am very satisfied with Rachelle and Joe they were talking me through my whole case and when I told them I wanted a trial they agreed and said let’s go to trial with out hesitation they were very professional and I couldn’t ask for a better law firm to have my back in my court case thank you Rachelle and Joe I highly recommend them to everybody
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- Levi G.
Joe helped my brother beat a serious RICO charge. He is simply the best criminal defense lawyer out there, and provides a clear-cut path to victory. I am extremely impressed and thankful for the hard work and dedication the team at Patituce & Associates put in on this case. It feels great to come out on the winning side, and not have to sweat a thing during the whole process. I highly recommend hiring Joe and his expert staff if you ever find yourself in any legal trouble. Thank you Joe!
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So kind and helpful! Don’t know what I would’ve done without him. Joe was kind and informative throughout the whole- Maddy P.
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- Glenn G.
I engaged Joe Patituce's services for my DUI case in Rocky River, and I couldn't have made a better choice. He and his team demonstrated excellence throughout, managing my case with remarkable skill and professionalism.
