Ohio Revised Code

Ohio Rev. Code § 4511.99 (2026)

Penalty

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Effective:

January 1, 2004

Latest Legislation:

House Bill 490 - 124th General Assembly

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Whoever violates any provision of sections 4511.01 to 4511.76 of the Revised Code for which no penalty otherwise is provided in the section violated is guilty of one of the following:

(A) Except as otherwise provided in division (B) or (C) of this section, a minor misdemeanor;

(B) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;

(C) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.

Notes of Decisions

Cited in 100 cases (1 in the last 5 years), 1960–2025 · leading case: State v. Suchevits, 740 N.E.2d 677 (Ohio Ct. App. 11th Dist. 1999).

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State v. Suchevits, 740 N.E.2d 677 (Ohio Ct. App. 11th Dist. 1999). · cites it 14× “12826, unreported, at 1, 1987 WL 11533 (holding that the term “shall” as used in R.C. 4511.99[A][2] is mandatory). *103 R.”

State v. Tamburin, 764 N.E.2d 503 (Ohio Ct. App. 9th Dist. 2001). · cites it 8× “Such information is contained within the penalty statute, R.C. 4511.99. Pursuant to that statute, and because it appeared that this was defendant’s fourth DUI within six years and therefore a potential felony of the fourth degree, an indictment was sought from the grand jury.”

State v. Blatnik, 478 N.E.2d 1016 (Ohio Ct. App. 6th Dist. 1984). · cites it 3× “19 of the Revised Code is guilty of a misdemeanor of the first degree * * R.C. 4511.99(A). The description of the offense to which appellant pled guilty states that it was appellant’s seventh offense of violating R.”

State v. Donkers, 867 N.E.2d 903 (Ohio Ct. App. 11th Dist. 2007). · cites it 3× “On January 1, 2004, the end of division (F) was changed to refer to division (H)(2) of “this section” (rather than section R.C. 4511.99) to determine the punishment.”

Muenchenbach v. Preble Cnty., 742 N.E.2d 1128 (Ohio 2001). · cites it 4× “78, inclusive, section 4511.99, and sections 4513.01 to 4513.”

State v. Allen, 506 N.E.2d 199 (Ohio 1987). · cites it 2× “19(A)(1), nor the relevant penalty statute, R.C. 4511.99 (A)(3), 2 provides that the degree of the offense is increased by virtue of the prior offenses.”

State v. Collins, 616 N.E.2d 224 (Ohio 1993). · cites it 4× “R.C. 4511.99(A)(1). R.C. 4511.99(D) addresses speeding violations and provides that certain violations may be classified as a misdemeanor of the fourth degree for a first offense.”

State v. Ziepfel, 669 N.E.2d 299 (Ohio Ct. App. 1st Dist. 1995). · cites it 5× “(2) Trial courts should disregard the “mandatory” language of R.C. 4511.99(A)(4); it is no more mandatory than the “mandatory” forfeiture language in R.”

State v. Baldauf, 586 N.E.2d 237 (Ohio Ct. App. 3d Dist. 1990). · cites it 7× “) R.C. 4511.99 provides the penalties generally for those provisions of Chapter 45 of the Revised Code for which no penalty is otherwise provided.”

State v. Chaney, 713 N.E.2d 1118 (Ohio Ct. App. 12th Dist. 1998). · cites it 6× “R.C. 4511.99(D)(1). However, if an offender who violated R.”

State v. Cichy, 480 N.E.2d 90 (Ohio Ct. App. 6th Dist. 1984). · cites it 6× “Significantly, the trial court held that pursuant to R.C. 4511.99 2 and 4507.16, the sentence imposed upon appellant was mandatory.”

State v. Corbin, 722 N.E.2d 154 (Ohio Ct. App. 3d Dist. 1999). · cites it 5× “tenced for a fourth degree felony OMVI offense, the court shall impose upon the offender a mandatory term of local incarceration or a mandatory prison term in accordance with the following: “(1) Except as provided in division (G)(2) of this section, the court shall impose upon…”

Show all 100 citing cases →

Ohio Rev. Code § 4511.99(A): 16 cases

State v. Blatnik, 478 N.E.2d 1016 (Ohio Ct. App. 6th Dist. 1984). “19 of the Revised Code is guilty of a misdemeanor of the first degree * * R.C. 4511.99(A). The description of the offense to which appellant pled guilty states that it was appellant’s seventh offense of violating R.”

State v. Finch, 492 N.E.2d 1254 (Ohio Ct. App. 12th Dist. 1985).

State v. Luhrs, 591 N.E.2d 1251 (Ohio Ct. App. 9th Dist. 1990).

State v. Ulrich, 478 N.E.2d 812 (Ohio Ct. App. 6th Dist. 1984).

State v. Stamper, 657 N.E.2d 365 (Ohio Ct. App. 11th Dist. 1995).

Ohio Rev. Code § 4511.99(A)(1): 10 cases

State v. Tamburin, 764 N.E.2d 503 (Ohio Ct. App. 9th Dist. 2001). “Such information is contained within the penalty statute, R.C. 4511.99. Pursuant to that statute, and because it appeared that this was defendant’s fourth DUI within six years and therefore a potential felony of the fourth degree, an indictment was sought from the grand jury.”

State v. Berndt, 504 N.E.2d 712 (Ohio 1987).

State v. Collins, 616 N.E.2d 224 (Ohio 1993). “R.C. 4511.99(A)(1). R.C. 4511.99(D) addresses speeding violations and provides that certain violations may be classified as a misdemeanor of the fourth degree for a first offense.”

City of Beachwood v. Sims, 647 N.E.2d 821 (Ohio Ct. App. 8th Dist. 1994).

State v. Wirtanen, 674 N.E.2d 1245 (Ohio Ct. App. 6th Dist. 1996).

Ohio Rev. Code § 4511.99(A)(2): 7 cases

State v. Zucal, 82 Ohio St. 3d 215 (1998).

State v. Cichy, 480 N.E.2d 90 (Ohio Ct. App. 6th Dist. 1984). “Significantly, the trial court held that pursuant to R.C. 4511.99 2 and 4507.16, the sentence imposed upon appellant was mandatory.”

State v. Johnson, 491 N.E.2d 1138 (Ohio 1986).

City of Wadsworth v. Slanker, 462 N.E.2d 191 (Ohio Ct. App. 1983).

City of Columbus v. Ziegler, 605 N.E.2d 1360 (Ohio Ct. App. 10th Dist. 1992).

Ohio Rev. Code § 4511.99(A)(2)(a): 3 cases

State v. Tamburin, 764 N.E.2d 503 (Ohio Ct. App. 9th Dist. 2001). “Such information is contained within the penalty statute, R.C. 4511.99. Pursuant to that statute, and because it appeared that this was defendant’s fourth DUI within six years and therefore a potential felony of the fourth degree, an indictment was sought from the grand jury.”

State v. Kelly, 797 N.E.2d 104 (Ohio Ct. App. 9th Dist. 2003).

State v. Zucal, 82 Ohio St. 3d 215 (1998).

Ohio Rev. Code § 4511.99(A)(3): 7 cases

State v. Allen, 506 N.E.2d 199 (Ohio 1987). “19(A)(1), nor the relevant penalty statute, R.C. 4511.99 (A)(3), 2 provides that the degree of the offense is increased by virtue of the prior offenses.”

State v. Blatnik, 478 N.E.2d 1016 (Ohio Ct. App. 6th Dist. 1984). “19 of the Revised Code is guilty of a misdemeanor of the first degree * * R.C. 4511.99(A). The description of the offense to which appellant pled guilty states that it was appellant’s seventh offense of violating R.”

State v. Varner, 2020-Ohio-1329, 153 N.E.3d 514.

State v. Waddell, 666 N.E.2d 649 (Ohio Ct. App. 4th Dist. 1995).

State v. Mercer, 594 N.E.2d 1002 (Ohio Ct. App. 1991).

Ohio Rev. Code § 4511.99(A)(3)(a): 4 cases

State v. Tamburin, 764 N.E.2d 503 (Ohio Ct. App. 9th Dist. 2001). “Such information is contained within the penalty statute, R.C. 4511.99. Pursuant to that statute, and because it appeared that this was defendant’s fourth DUI within six years and therefore a potential felony of the fourth degree, an indictment was sought from the grand jury.”

State v. Campbell, 726 N.E.2d 615 (Ohio Ct. App. 3d Dist. 1999).

State v. Garris, 713 N.E.2d 1135 (Ohio Ct. App. 3d Dist. 1998).

City of Brook Park v. Danison, 672 N.E.2d 722 (Ohio Ct. App. 8th Dist. 1996).

Ohio Rev. Code § 4511.99(A)(3)(b): 1 case

Erie Cty. Sheriff's Off. v. Lacy, 2015-Ohio-72.

Ohio Rev. Code § 4511.99(A)(4): 4 cases

State v. Suchevits, 740 N.E.2d 677 (Ohio Ct. App. 11th Dist. 1999). “12826, unreported, at 1, 1987 WL 11533 (holding that the term “shall” as used in R.C. 4511.99[A][2] is mandatory). *103 R.”

State v. Ziepfel, 669 N.E.2d 299 (Ohio Ct. App. 1st Dist. 1995). “(2) Trial courts should disregard the “mandatory” language of R.C. 4511.99(A)(4); it is no more mandatory than the “mandatory” forfeiture language in R.”

State v. Wright, 739 N.E.2d 1172 (Ohio Ct. App. 11th Dist. 2000).

State v. Vanvalkenburg, 2025-Ohio-5580.

Ohio Rev. Code § 4511.99(A)(4)(a): 7 cases

State v. Suchevits, 740 N.E.2d 677 (Ohio Ct. App. 11th Dist. 1999). “12826, unreported, at 1, 1987 WL 11533 (holding that the term “shall” as used in R.C. 4511.99[A][2] is mandatory). *103 R.”

State v. Ziepfel, 669 N.E.2d 299 (Ohio Ct. App. 1st Dist. 1995). “(2) Trial courts should disregard the “mandatory” language of R.C. 4511.99(A)(4); it is no more mandatory than the “mandatory” forfeiture language in R.”

State v. Tamburin, 764 N.E.2d 503 (Ohio Ct. App. 9th Dist. 2001). “Such information is contained within the penalty statute, R.C. 4511.99. Pursuant to that statute, and because it appeared that this was defendant’s fourth DUI within six years and therefore a potential felony of the fourth degree, an indictment was sought from the grand jury.”

State v. Corbin, 722 N.E.2d 154 (Ohio Ct. App. 3d Dist. 1999). “tenced for a fourth degree felony OMVI offense, the court shall impose upon the offender a mandatory term of local incarceration or a mandatory prison term in accordance with the following: “(1) Except as provided in division (G)(2) of this section, the court shall impose upon…”

State v. Wilton, 729 N.E.2d 420 (Ohio Ct. App. 6th Dist. 1999).

Ohio Rev. Code § 4511.99(A)(4)(b): 2 cases

State v. Ziepfel, 669 N.E.2d 299 (Ohio Ct. App. 1st Dist. 1995). “(2) Trial courts should disregard the “mandatory” language of R.C. 4511.99(A)(4); it is no more mandatory than the “mandatory” forfeiture language in R.”

State v. Posey, 735 N.E.2d 903 (Ohio Ct. App. 9th Dist. 1999).

Ohio Rev. Code § 4511.99(A)(5): 3 cases

State v. Cravens, 536 N.E.2d 686 (Ohio Ct. App. 1st Dist. 1988).

City of Wadsworth v. Slanker, 462 N.E.2d 191 (Ohio Ct. App. 1983).

State v. Johnson, 491 N.E.2d 1138 (Ohio 1986).

Ohio Rev. Code § 4511.99(A)(8)(a): 1 case

State v. Zucal, 82 Ohio St. 3d 215 (1998).

Ohio Rev. Code § 4511.99(A)(8)(a)(i): 1 case

State v. Lake, 784 N.E.2d 162 (Ohio Ct. App. 7th Dist. 2003).

Ohio Rev. Code § 4511.99(AX2): 1 case

State v. Blogna, 573 N.E.2d 1223 (Ohio Ct. App. 5th Dist. 1990).

Ohio Rev. Code § 4511.99(B): 1 case

State v. Collins, 616 N.E.2d 224 (Ohio 1993). “R.C. 4511.99(A)(1). R.C. 4511.99(D) addresses speeding violations and provides that certain violations may be classified as a misdemeanor of the fourth degree for a first offense.”

Ohio Rev. Code § 4511.99(C): 1 case

Sargi v. Kent City Bd. of Educ., 70 F.3d 907 (6th Cir. 1995).

Ohio Rev. Code § 4511.99(D): 6 cases

State v. Baldauf, 586 N.E.2d 237 (Ohio Ct. App. 3d Dist. 1990). “) R.C. 4511.99 provides the penalties generally for those provisions of Chapter 45 of the Revised Code for which no penalty is otherwise provided.”

State v. Collins, 616 N.E.2d 224 (Ohio 1993). “R.C. 4511.99(A)(1). R.C. 4511.99(D) addresses speeding violations and provides that certain violations may be classified as a misdemeanor of the fourth degree for a first offense.”

State v. Richardson, 641 N.E.2d 216 (Ohio Ct. App. 1st Dist. 1994).

State v. Mason, 684 N.E.2d 1294 (Ohio Ct. App. 7th Dist. 1996).

State v. Strange, 590 N.E.2d 1388 (Ohio Ct. App. 12th Dist. 1990).

Ohio Rev. Code § 4511.99(D)(1): 1 case

State v. Chaney, 713 N.E.2d 1118 (Ohio Ct. App. 12th Dist. 1998). “R.C. 4511.99(D)(1). However, if an offender who violated R.”

Ohio Rev. Code § 4511.99(D)(1)(a): 1 case

Hummel v. City of Carlisle, 229 F. Supp. 2d 839 (S.D. Ohio 2002).

Ohio Rev. Code § 4511.99(D)(1)(b): 2 cases

State v. Jones, 88 Ohio St. 3d 430 (2000).

State v. Manhart, 734 N.E.2d 860 (Ohio Ct. App. 9th Dist. 1999).

Ohio Rev. Code § 4511.99(D)(1)(c): 1 case

State v. Chaney, 713 N.E.2d 1118 (Ohio Ct. App. 12th Dist. 1998). “R.C. 4511.99(D)(1). However, if an offender who violated R.”

Ohio Rev. Code § 4511.99(E): 2 cases

State v. Huxtable, 469 N.E.2d 931 (Ohio Ct. App. 12th Dist. 1983).

State v. Montecalvo, 7 Ohio App. Unrep. 366 (Ohio Ct. App. 9th Dist. 1990).

Ohio Rev. Code § 4511.99(F): 1 case

Mendenhall v. City of Akron, 881 N.E.2d 255 (Ohio 2008).

Ohio Rev. Code § 4511.99(P): 1 case

City of Cleveland v. King, 794 N.E.2d 88 (Ohio Ct. App. 8th Dist. 2003).

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