A Look at Ohio OVI and DUI Law

An OVI or DUI conviction can change your life. In Ohio, these charges lead to a mandatory license suspension, jail time, a fine, and a permanent spot on your record. These charges can also lead to other consequences, such as higher insurance rates, potentially negative effects on employment, and the public embarrassment that comes with being charged with operating a vehicle while intoxicated. Moreover, if you are a repeat offender, you can be subjected to harsh penalties. Therefore, it’s important to educate yourself and be fully aware of Ohio OVI and DUI law.

Ohio OVI and DUI Law — An Overview

In Ohio, driving under the influence (DUI) is also referred to as operating a vehicle under the influence (OVI), operating a motor vehicle impaired (OMVI), and driving while impaired (DWI). Therefore, the acronyms DUI, OVI, DWI, and OMVI mean the same thing, i.e., driving under the influence of alcohol or drugs.

In Ohio, you can be convicted of OVI if you’re driving:

• With a blood alcohol concentration (BAC) >= 0.08%
• With a urine alcohol concentration (UAC) >= 0.110%
• With a specific concentration of amphetamine, cocaine, marijuana, LSD, heroin, PCP, and methamphetamine
• Under the influence of alcohol, drugs or both

BAC for Ohio OVI and DUI

If you are 21 or older, and cross the 0.08% level, you can be arrested for OVI in Ohio. However, if you are less than 21, even 0.02% BAC can land you in jail. For commercial drivers, the limit is 0.04%.

How is BAC measured?

To measure your BAC, the police officer will conduct a breathalyzer test. A device will be placed between your lips and you will be asked to blow into it. The device will then analyze the alcohol content in your breath to assess your BAC.

What If I Don’t Want to Take a Breathalyzer Test?

Under Ohio’s Implied Consent Law, when you apply for a driver’s license, you automatically provide consent to BAC testing if you are an OVI suspect. Moreover, if you refuse to take the test, your driver’s license can be suspended with immediate effect.

Penalties for Ohio OVI and DUI

The penalties for DUI and OVI in Ohio depend on a plethora of factors such as:

• Your BAC
• The extent of damage caused by your vehicle
• Type of injury to another person as a result of DUI
• Frequency of DUI and OVI

First-time offenders may land in jail for 3 days to 6 months. You may also be asked to take special DUI and OVI classes for up to 5 days. You may also face suspension of license or fines up to $1,000. If your BAC is >= 0.17, you may have to sit in jail for up to 6 days. 

If you’re a second time Ohio OVI offender, you may face at least 10-12 days in jail. You may also have to pay huge fines up to $1,500 or face home monitoring electronically for a period of 18 days to 6 months. Your license can also be suspended for up to 5 years. If your BAC is >= 0.17, you may have to sit in jail for at least 20 days. 

The third Ohio OVI is the most consequential. You may face up to 1 year in jail. The license suspension period can go up to 10 years and you may have to pay fines greater than $1,500. If your BAC is >= 0.17, you may have to sit in jail for at least 60 days. 

The fourth Ohio OVI is a serious offense in the state. You may face fines up to $10,000 and sit in jail for at least 1 year. You are automatically enrolled in an alcohol treatment program and your vehicle is forfeited. The license suspension could also be permanent.

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Ohio OVI and DUI law is complex and each case is different. If you’re facing drunk driving charges, it’s crucial that you find an experienced defense lawyer to protect your rights. Don’t fight your drunk driving conviction alone. Contact us today for a free consultation of your case.