If you are arrested for DUI / OVI in Ohio, your vehicle may or may not be towed. One part of the Ohio DUI / OVI sentence for repeat offenses is immobilization or forfeiture of the vehicle, depending on the number of prior DUI / OVI convictions on your record.
First Offense.
If you are arrested for DUI / OVI and you do not have any prior DUI / OVI convictions in the last ten years, your car may be towed but should be released easily. Ohio law does not authorize immobilization of your vehicle as a penalty for a first DUI/OVI conviction. If you pay the towing/storage fees and provide proof of ownership, the car should be released (unless there is some other justification for holding it). If you were placed under an Administrative License Suspension (A.L.S.), you will need a licensed driver to drive your car from the impound lot for you.
Second Offense.
If you are convicted of DUI / OVI and you have one prior conviction within ten years, a mandatory part of the DUI / OVI sentence is immobilization of your vehicle for 90 days and impoundment of its license plates. During the period of immobilization, the vehicle may not be driven or sold.
Exception.
A court may waive the immobilization requirement if a family or household member residing with the defendant is completely dependent on that vehicle for the necessities of life so that immobilization of the vehicle would be an undue hardship. If the immobilization requirement is waived by the court, the vehicle must have restricted plates (yellow license plates ) and must not be operated by the defendant.
Third Offense (Or More).
If you are convicted of DUI / OVI and you have two or more prior convictions within ten years (or five or more convictions within 20 years), a mandatory part of the DUI / OVI sentence is forfeiture of the vehicle. The vehicle will become the property of the government, and there is a fine for transferring title of the vehicle. The immobilization waiver available for a second offense is not available for a third offense or more.
A DUI / OVI sentence has several parts to consider, and you should also take into account the secondary consequences , especially in cases involving repeat DUI / OVI offenses . Some people decide they can live with the consequences of a DUI / OVI. If, however, you are concerned about any or all of those consequences, you may choose to contest the DUI / OVI charge . In most central Ohio cases, including repeat offenses, it is beneficial to retain a Columbus DUI attorney with expertise in contesting OVI charges. Not all attorneys have the same level of expertise. If you hope to get the charges or sentence reduced, you should hire a DUI / OVI attorney with expertise in field sobriety tests , breath tests , blood tests , and urine tests , as well as experience with DUI / OVI investigations and the DUI / OVI court process.
Our practice is focused on DUI / OVI defense , and we represent clients that are contesting DUI / OVI charges in Columbus and central Ohio with the intention of avoiding vehicle immobilization and other consequences. For more information about our practice, please see the firm overview. You can also read what our clients say and review our past case results . We limit the number of cases we accept so we can provide outstanding service to our clients. If you would like to discuss how we can help with your DUI / OVI case, EMAIL US or call us at 614-717-1177 to arrange a free consultation.