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Ohio DUI Laws

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In Ohio, if you fail a field sobriety, breath alcohol or other similar test, you may be charged with operating a vehicle under the influence of alcohol or drugs (OVI). An OVI (also known as DUI, OVWI or DWI in other states) arrest can be a very traumatic experience. OVI encompasses a complex set of laws and potentially serious penalties. It is a good idea to hire an experienced OVI attorney to review your case and determine how to reduce or avoid the effects of an OVI charge.

Consequences of an OVI conviction might include vehicle immobilization, points on your driving record, rising insurance rates, driver's license suspension, vehicle immobilization, fines, special yellow and red restricted license plates, vehicle impoundment, an ignition interlock and even jail time. In lieu of jail time, judges have discretion to impose alternative sentencing such as house arrest with electronic monitoring and/or continuous alcohol monitoring. The sentencing will ultimately depend on your OVI history and other circumstances of the offense. To learn more about OVI penalties, it is best to speak with a knowledgeable attorney.

Whether this is your first OVI arrest or you have had prior convictions, you will want a qualified lawyer to build a defense strategy that fits your situation. If you or someone you know has been charged with OVI, contact an attorney who specializes in OVI cases.

Ohio DUI/DWI (OVI) Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

Ohio BAC laws may differ from those of other states, as follows.

Ohio BAC Laws
Per Se Violation BAC of .08 to .169 (High Per Se Violation .17 or higher)
"Zero Tolerance" (BAC for someone under 21) .02 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting an Ohio driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in 1-year license suspension

Administrative License Suspension

Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.

Time to file for appeal: any time after notice of suspension.

DUI/DWI Arrest
1st Offense - Per Se Violation (.08 or higher) 90 days license suspension
Subsequent Offenses 1 or 2 years license suspension, depending on prior convictions
"Zero Tolerance" (BAC for someone under 21) 90 days or 1 or 2 years license suspension, depending on prior convictions
Administrative Hearing Yes
Limited Privileges Possible Yes
Refusal to Submit to BAC Test
1st Offense 1 year license suspension
Subsequent Offenses (within 6 years) 2 or 3 years license suspension, depending on prior convictions
"Zero Tolerance" (BAC for Someone Under 21) 1, 2, or 3 years license suspension, depending on prior convictions

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First Per Se Violation (.08 to .169)
License Suspension 6 months to 3 years (may have conditional license)
Prison Term and Community Service 3 days to 6 months in jail; maybe community service
Fines, Fees, and Surcharges Approx. $250 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Potential ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Second Per Se Violation (.08 to .169)
License Suspension 1 to 5 years (may have conditional license)
Prison Term and Community Service 5 to 10 days in jail (plus electronic monitoring); maybe community service
Fines, Fees, and Surcharges Approx. $600 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Third Per Se Violation (.08 to .169)
License Suspension 1 to 10 years (may have conditional license)
Prison Term and Community Service 15 to 30 days in jail (plus electronic monitoring); maybe community service
Fines, Fees, and Surcharges Approx. $550 to $2,500 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
First High Per Se Violation (.17 or higher)
License Suspension 6 months to 3 years (may have conditional license)
Prison Term and Community Service 3 days to 6 months in jail; maybe community service
Fines, Fees, and Surcharges Approx. $250 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Potential ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Second High Per Se Violation (.17 or higher)
License Suspension 1 to 5 years (may have conditional license)
Prison Term and Community Service 10 to 20 days in jail (plus electronic monitoring); maybe community service
Fines, Fees, and Surcharges Approx. $600 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Third High Per Se Violation (.17 or higher)
License Suspension 1 to 10 years (may have conditional license)
Prison Term and Community Service 30 to 60 days in jail (plus electronic monitoring); maybe community service
Fines, Fees, and Surcharges Approx. $550 to $2,500 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

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