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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

"Low Test" Second Offense (.08-.169 BAC)"High Test" Second Offense (Over .17 BAC)
Minimum 10 days in JailMinimum 20 days in Jail
Max 6 months in JailMax 6 months in Jail
$525 -$1625 in Fines$525 -$1625 in Fines
1 year to 5 year license suspension1 year to 5 year license suspension
Cannot get driving privileges for 45 daysCannot get driving privileges for 45 days
Vehicle immobilized for 90 daysVehicle immobilized for 90 days
Ignition InterlockIgnition Interlock
Yellow PlatesYellow Plates


    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?


    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.