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Does an Ohio DUI conviction automatically mean jail time?
Question:
Does an Ohio DUI conviction automatically mean jail time?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Under Ohio DUI laws, a blood alcohol concentration (BAC) level of .08 percent is considered "per se intoxication" even if there is no additional proof of impairment. Ohio also has a zero tolerance law that penalizes drivers under 21 who have even the slightest trace of alcohol in their systems (BAC above 0.0). If a driver's BAC is above .15 or .20 percent, penalties may be enhanced, which means additional jail time, more stringent fines, and harsher license sanctions. Under Ohio's "implied consent" laws, drivers suspected of a DUI are required to submit to some form of chemical test which may include breath, blood or urine testing. If a driver refuses to submit to the testing, the penalties include a mandatory license suspension for up to six months to a year.
Penalties
Jail Time
Drivers convicted of a DUI in Ohio may face possible criminal penalties including jail time. Certain criminal penalties such as jail time, fines and community service are within the discretion of the court. However, repeat offenders can definitely expect to spend a minimum few days in jail as well as mandatory fees. Penalties will be harsher if someone was injured or killed in the accident.
Jail time is not automatic and may be avoided upon completion of any court mandated treatment programs (see below).
License Suspension/Revocation
If a driver's BAC is above the state's minimum level, or if a driver refuses to submit to chemical testing, his or her license may be suspended or revoked for a period of time.
Mandatory Alcohol Education Assessment/Treatment Program
Alcohol education and treatment/assessment penalties may include mandatory attendance at a court certified DUI prevention program for assessment of potential alcohol dependency problems. These types of programs are generally part of a suspended sentence or probation; this means a DUI offender may avoid jail time and fines if he or she completes participation in a court-mandated program.
Other Penalties
For repeat offenders, the court may either confiscate the vehicle for a period of time or require installation of an ignition interlock which will prevent operation of the vehicle if a minimal amount of alcohol is detected.
If you are charged with a DUI in Ohio, talk with an attorney to defend against possible prosecution and/or conviction.
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