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A second offense DUI/OVI is a first-degree misdemeanor in the state of Ohio.

The statute contains both minimum and maximum penalties.

The minimum penalties are dependent on whether you took the breathalyzer and what level the breathalyzer showed.

If you are charged with the second offense OVI and tested under .17 on the breathalyzer or refused to test, the statute requires a minimum 10 days in jail, a $525 fine, a class 4 license suspension that can suspend your license anywhere from 1 to 5 years and further requires restricted plates and/or Guardian interlock if the court grants driving privileges.

If you took the breathalyzer and tested .17 or above, the mandatory minimum jail requirement is 20 days as well as the penalties listed above.

The maximum potential penalties for second offense DUI/OVI is 180 days in jail and $1625 fine. In all situations the Bureau of Motor Vehicles will assess six points on your driving record.

Additionally, the automobile, if registered to the person charged with the offense, is required to be a immobilized for a period of 90 days.

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