Fact-Checked: Why Trust Rittgers Rittgers & Nakajima An OVI means “Operating a Vehicle Impaired,” and it’s the term used by Ohio instead of “Driving Under the Influence (DUI)” or “Driving While Intoxicated” (DWI).
In essence, an OVI can involve operating a motor vehicle while impaired by alcohol, drugs or a combination of the two. OVI is considered a serious criminal offense, not a mere traffic violation. Ohio has some of the strictest consequences against impaired driving, with penalties that increase based on factors like the defendant’s blood alcohol concentration (BAC), their prior convictions and whether certain aggravating circumstances (such as an accident causing great injury or death or a child in the car) are present.
Does an OVI “drop off” your record over time?
Many non-violent, misdemeanor offenses can eventually be removed from your permanent criminal through a process known as expungement – but an OVI is not one of them. Ohio Revised Code section 2953.36 explicitly prohibits the expungement of OVI convictions – even for first-time offenders.
That means that, if you either plead guilty or “no contest” to an OVI charge or are convicted at trial of the offense, the criminal conviction will follow you permanently throughout your life.
How does this affect your future?
Typically, a first-time OVI in Ohio (without aggravating conditions) is charged as a misdemeanor, but there are mandatory minimum penalties in play. You can expect a minimum three-day jail term (and up to 180 days) unless accepted into an alternative program, plus a fine ranging between $375 and $1,075, a suspended license for one to three years and up to five years of probation.
However, Ohio law also has a 10-year “lookback” period for impaired driving offenses – which means that if you are convicted of a second OVI within that time, the penalties will be significantly harsher. That can lead to longer license suspensions, higher fines and more potential jail time – on top of mandatory ignition interlock devices, obligatory “DUI offender” plates that are stigmatizing and substance abuse treatment. For repeat offenders or those who refuse a breath test, the lookback period can even be doubled to 20 years!
The impact of an OVI on your driving record and personal life may be somewhat different, but no less consequential. You will have six “points” added to your license that will stay there for three years, but the effect on your insurance coverage can be disastrous for five years. Some insurers may refuse to cover you.
In addition, you may face:
- Employment challenges, including job loss if your occupation requires a clean driving record or difficulty finding employment due to this “red flag” in your history
- Disciplinary actions by professional licensing boards, which may impose sanctions, fines or even revoke your ability to practice your profession
- Educational consequences, including the loss of scholarships that have good-conduct clauses or suspension from school
- Reputational damages among your colleagues, clients, friends and family members who may view you differently due to your record
If you’ve been charged with operating a vehicle impaired (OVI), you have a serious concern. An OVI conviction carries significant legal and personal consequences for your future. That makes it particularly important to seek experienced legal guidance as quickly as possible so that you can fully explore your defense options.