Will You Go to Jail for OVI in Cleveland?

For your first OVI conviction in Ohio, you could face up to six months of jail time, although there is a good chance you will only be given probation and a fine.  In many cases, however, you will serve a mandatory 72 hours behind bars if your blood alcohol was found to be between 0.08% and 0.17%.  There is also a mandated six day jail term that must be served for blood alcohol over 0.17%.

A second OVI offense is still a misdemeanor but a conviction means you will be serving a minimum of 10 days in prison but no more than 6 months.  You may also have to complete an alcohol treatment program. 

A third offense is either a misdemeanor or a felony depending on whether your last two OVI convictions occurred within six years leading up to your latest OVI.  If you are convicted of a felony OVI, all future OVI charges will be considered felonies as well.  Felony OVI is punishable by up to five years in state prison.  For a misdemeanor third OVI, you will spend at least 30 days in prison and up to a year at most.

A fourth OVI conviction will bring between 60 days and a year of jail time assuming there are no aggravating factors to increase the charge to a felony.

It should be noted that the look back or “washout” period is six years in Ohio.  This is the period of time a prior OVI conviction or guilty plea can be factored into an offender’s punishment. 

When a Plea Bargain Can Help

In some situations, such as when your blood alcohol level is borderline, there was no accident, and you have no prior record, you may be able to obtain a plea bargain for “wet reckless,” which is basically a crime of reckless driving with alcohol.  This will likely come with no jail time if the judge accepts it. If you are arrested for another OVI, your previous wet reckless will be considered a previous OVI conviction.

If you have been arrested for OVI, call a Cleveland OVI attorney from Henderson, Mokhtari & Weatherly to discuss your legal options during a free case evaluation.