An OVI arrest starts two cases against you at once: a criminal case that can put you in jail, and an administrative case that takes your license — and the license clock starts running immediately. I am familiar with these courts — licensed in Ohio since 2003, and a member of the DUI Defense Lawyers Association.
Ohio OVI penalties depend on how many prior convictions you have within the last ten years (ORC 4511.19):
| Offense (in 10 yrs) | Jail | Fine | License Suspension |
|---|---|---|---|
| First | 3 days – 6 months | $375 – $1,075 | 1 – 3 years |
| Second | 10 days – 6 months | $525 – $1,625 | 1 – 7 years |
| Third | 30 days – 1 year | $850 – $2,750 | 2 – 12 years |
A test result of .17% BAC or higher is a “high-test” OVI and doubles the mandatory minimum jail time on a first offense (6 days instead of 3). Second and third offenses also bring restricted plates, ignition interlock requirements, vehicle immobilization, and — on a third offense — possible vehicle forfeiture. For a first offense, many courts allow a 3-day driver intervention program instead of the 3-day jail minimum. Whether that happens in your case depends on the facts and the court — which is where local experience matters.
If you failed or refused the chemical test, the BMV suspended your license on the spot — before any conviction. This administrative license suspension (ALS) is separate from your criminal case: a 90-day suspension for a failed test, or a full year for a refusal, on a first offense.
Clients ask this constantly, and the honest answer is: what matters now is what you did, because each path has its own defense strategy. A refusal means a longer administrative suspension but leaves the state without a test number to wave at a jury. A failed test can often be attacked — breath-testing machines must be calibrated and operated according to Ohio Department of Health rules, and the results are only as good as the machine, the operator, and the 20-minute observation period that officers frequently cut short.
Your first court date — the arraignment — typically happens within five business days of the arrest, in the Ashland Municipal Court for Ashland County arrests, the Mansfield Municipal Court for most Richland County arrests, or the Norwalk Municipal Court for most Huron County arrests. You enter a plea, the court addresses bond and your license, and deadlines start running.
Hiring a lawyer before arraignment is the single most valuable thing you can do: I can appear with you, enter the plea, file the ALS appeal, request discovery, and start preserving evidence — cruiser video gets recorded over, and witnesses' memories fade.
Not every case should go to trial — but every case should be prepared like it will. That preparation is what produces reduced charges, preserved licenses, and dismissals.
Most OVI cases in my practice are handled for a flat fee between $1,500 and $2,500, quoted up front after a free consultation. Compare that with the cost of an unfought OVI: fines and court costs, reinstatement fees, high-risk insurance for years, and a criminal record that follows you into every job application.
The sooner you call, the more of your case there is left to save. Free consultation — evenings and weekends included.
☎ Call 419.520.8967