Does an Out of State DUI “Count” as a Prior Offense in Ohio?

In Ohio, if you get a second offense OVI within 6 years (or within 10 years after April 6, 2017), the potential penalties will be increased. These increased penalties include:

Second OVI / DUI in Six Years - Penalties

But what if your prior offense was in another state?

Does it still count as a “second in six” (or “second in ten” after April 6, 2017) for purposes of these increased penalties?

Yes.

The Ohio law governing “prior offenses” (R.C. 4511.181 and 4511.19) says that a “prior offense” includes:

A violation of a former or current “municipal ordinance, law of another state, or law of the United States that is substantially equivalent to” Ohio’s OVI law.

So, if you have been convicted of a DUI in another state, it will count as a “second offense” if you pick up an Ohio OVI charge within a six year period (or 10 year period after April 6, 2017).

If you have questions specific to your case, give our Columbus DUI attorneys a call to discuss your options.