National Academy of Criminal Defense Attorneys
RUE Ratings - Best Attorneys of America
"The Joslyn Law Firm is highly experienced and nationally recognized for their Criminal and DUI Defense. Brian Joslyn is an Award-Winning Criminal and DUI Defense attorney who, along with his team, has handled hundreds of cases and has helped their clients obtain the best results possible."

Third OVI

A third arrest for operating vehicle under the influence of alcohol or drugs (OVI) in Ohio can be classified as an unclassified misdemeanor that may result in steep fines and lengthy imprisonment. Ohio has a “lookback period” of six years on drunk driving offenses, and three OVI (also referred to as driving under the influence or DUI) arrests within this timeframe can trigger enhanced penalties.

If a third OVI arrest is more than six years after a person’s first arrest, then the criminal charges may be based on the number of arrests that do fall within the lookback period. The lookback period when an alleged offender refuses to submit to chemical testing for alleged drunk driving, however, extends to 20 years.

Third OVI Lawyer in Dayton, OH

Have you been charged with your third drunk driving offense in Ohio? You cannot afford to delay in seeking legal representation for help possibly getting OVI charges reduced or dismissed.

Dayton DUI attorney Brian Joslyn of the Joslyn Law Firm aggressively defends clients throughout Montgomery County, Greene County, Miami County, and Clark County. He can provide an honest and thorough evaluation of your case as soon as you call (937) 356-3969 to schedule a free, confidential consultation.


Third DUI Information Center in Ohio


Back to top

Third OVI Penalties in Ohio

When a person is arrested for drunk driving for the third time in six years, certain penalties apply regardless of the alleged offender’s blood alcohol concentration (BAC).

The sentence for a third DUI conviction in Ohio can include all of the following:

  • Fine of at least $850 up to $2,750;
  • Mandatory alcohol or drug addiction treatment program;
  • Driver’s license suspended for at least two years up to 10 years;
  • No driving privileges for 180 days after the arrest;
  • Alleged offender required to obtain yellow restricted license plates with red lettering;
  • Ignition interlock device installation required on motor vehicles owned or driven by alleged offender; and
  • Possible vehicle forfeiture if the vehicle was registered to the alleged offender.

Back to top

High BAC or Test Refusal in Dayton Third DUI Cases

An alleged offender’s BAC can play a significant role in the severity of the jail term if convicted. When a BAC is 0.08 or more but less than 0.17, then the possible consequences may include:

  • Minimum of 30 days in jail or 15 days of jail and 55 days house arrest with electronic monitoring (HAEM) and/or continuous alcohol monitoring (CAM) up to one year in jail;

If an alleged offender refused to submit to chemical testing or had a BAC is 0.17 or greater, then the possible jail terms increase to:

  • Minimum of 60 days in jail or 30 days of jail and 110 days house arrest with electronic monitoring (HAEM) and/or continuous alcohol monitoring (CAM) up to one year in jail;

Back to top

Ohio Third OVI Resources

Alcoholics Anonymous (AA) | Central Office of Dayton, Inc. — AA is an international fellowship that has a primary purpose to help alcoholics "stay sober and help other alcoholics achieve sobriety." The organization uses a 12-step program that has since become adopted by numerous other fellowships for various types of drug addiction and other problems. You can find meeting dates, times, and locations in the Dayton area on this website.

Central Office of Dayton, Inc.
211 Liberty Tower
120 West Second Street
Dayton, OH 45402
(937) 222-2211

Montgomery County Alcohol, Drug Addiction and Mental Health Services (ADAMHS) — The ADAMHS Board is one of 50 Boards coordinating the public behavioral health system in Ohio, and it statutorily empowered by Chapter 340 of the Ohio Revised Code to “establish a unified system of service and supports for individuals with mental illness and addiction.” You can learn more about finding help for alcoholism, the ADAMHS budget, and upcoming events on this website. You can also download an app and find answers to frequently asked questions.

Montgomery County ADAMHS
409 East Monument Street
Dayton, OH 45402
(937) 443-0416


Back to top

Find a Third DUI Arrest Lawyer in Dayton, OH

If you were arrested in Ohio for your third OVI offense, it will be in your best interest to immediately retain legal counsel. Joslyn Law Firm defends clients facing DUI charges all over the greater Dayton area, including Huber Heights, Kettering, and many surrounding communities such as Springfield, Beavercreek, Fairborn, Troy, and Piqua.

Brian Joslyn has been certified as an instructor in the administration of standardized field sobriety tests by the National Highway Traffic Safety Administration as well as in the operation, diagnostic, verification and calibration of the BAC Datamaster Breath Alcohol Testing Instruments manufactured by National Patent Analytical Systems, Inc. Our experienced Dayton criminal defense attorney can review your case during a free consultation when you call (937) 356-3969 or complete an online form today.


Back to top