Ohio DUI Penalties, Fines and Suspensions

Ohio Implied consent – evidence of refusal

• “Thus, it is reasonable to infer that a refusal to take such a test indicates the defendant’s fear of the results of the test and his consciousness of guilt, especially where he is asked his reason for such refusal and he gives no reason which would indicate that his refusal had no relation to such consciousness of guilt.” City of Westerville v. Cunningham, 15 Ohio St.2d 121, 239 N.E.2d 40 (1968).

Ohio Implied consent – administrative / civil penalty for refusal

• First refusal within six years Class C suspension of driver’s license (one year).
• Refusal with one prior refusal or conviction within six years Class B suspension of driver’s license (two years).
• Refusal with two prior events of either refusal or conviction within six years Class A suspension of driver’s license (three years).
• Refusal with three or more prior events of either refusal or conviction within six years driver’s license suspended for five years. R.C. § 4510.02

Ohio Implied consent – criminal penalty for refusal

• If driver has prior conviction for violation within past 20 years, a refusal to take chemical test will result in increased criminal penalties. R.C. § 4511.192(B).
• Conviction – administrative / civil penalty (license suspension, use of IID)
• First conviction Class 5 driver’s license suspension (six months to three years).
• Second conviction within six years Class 4 driver’s license suspension (one to five years).
• Third conviction within six years Class 3 driver’s license suspension (two to ten years).
• Fourth or fifth conviction within six years or sixth or subsequent conviction within 20 years Class 2 driver’s license suspension (three years to life). R.C. § 4511.19(G); R.C. § 4510.02.
• Court may require, as a condition of a community control sanction, that an offender operate only a motor vehicle with IID. R.C. § 2951.02(C)(1).

Ohio DUI Conviction – criminal penalties (jail sentence, fines, community service)

• First conviction first-degree misdemeanor; jail sentence of three days to six months; fine of $375-$1,075.
• Second conviction within six years first-degree misdemeanor; jail sentence of 10 days to six months; fine of $525-$1,625.
• Third conviction within six years misdemeanor; jail sentence of 30 days to one year; fine of $850-$2,750.
• Fourth or fifth conviction within six years or sixth or subsequent conviction within 20 years felony; jail sentence of 60 days to one year; fine of $1,350-$10,500. R.C. § 4511.19(G).

It is aggravated vehicular assault to cause serious physical harm to another person in the course of committing a violation of drugged driving laws. R.C. § 2903.08(A)(1)(a). Child endangerment It is a separate criminal offense to commit a violation with a child under age 18 in the vehicle. R.C. § 2919.22(C)(1).

DUI Arrest Statistics and Ohio Drunk Driving Statistics

* Sources: State Justice Department, Federal Highway Administration