Ohio DUI OVI Laws
The maximum prescribed legal BAC limit in Ohio is 0.08% per se
(effective from July 1st 2003)
Ohio Drunk Driving Laws (If you’ve been charged with Ohio DUI, the law allows only 5 days for your Ohio DUI lawyer to make a request with the Ohio BMV (Bureau of Motor Vehicles) for a hearing to save your driving license)
Ohio is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
Ohio DUI Laws and BAC limits
Ohio drunk driving cases are referred to as Ohio OVI (operating a vehicle while intoxicated), Ohio DUI (driving under the influence of alcohol), or Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate to the same offense, found in the Ohio revised code.
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Ohio it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.
It is an offense to refuse to submit to a chemical test in Ohio and implied consent laws are enforced.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in Ohio without driving while you are over the legal prescribed bac limit.
Under Ohio law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, straddling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
Ohio BAC Calculator
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Penalties for DUI - Drunk Driving in Ohio
Ohio is a state with a six-year ‘washout period’ also known as a 'look back period'.
Ohio is quite unique in the fact that the courts also order drivers license suspensions in addition to the ALS (administrative license suspension) ordered by the Ohio BMV (Bureau of Motor Vehicles).
First OVI DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first OVI DUI - drunk driving conviction in Ohio:
- Fine: $375 to $1,075 fine
- Jail: 3 days to 6 months in jail
- Administrative License Suspension: 3 months drivers license suspension
- Court Imposed License Suspension: 6 months to 3 years drivers license suspension
- Ignition Interlock: may be eligible for ignition interlock restricted limited driving privileges after first 6 months of suspension
- drivers intervention program
- possible alcohol/drug assessment and treatment programs as required
- assessed 6 points on drivers license
- Ohio SR22 insurance requirement
Second OVI DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second OVI DUI - drunk driving conviction in Ohio:
- Fine: $525 to $1,625 fine
- Jail: 10 days to 6 months in jail
- Administrative License Suspension: 1 year drivers license suspension
- Court Imposed License Suspension: 1 to 5 years drivers license suspension
- Ignition Interlock: may be eligible for ignition interlock restricted limited driving privileges after first year of suspension
- possible house arrest with electronic monitoring and/or continuous alcohol monitoring
- mandatory alcohol/drug assessment and treatment programs as required
- possible vehicle immobilization and plates impounded for 90 days
- assessed 6 points on drivers license
- Ohio SR22 insurance requirement
Third OVI DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a third OVI DUI - drunk driving conviction in Ohio:
- Fine: $850 to $2,750 fine
- Jail: 30 days to 1 year in jail
- Administrative License Suspension: 2 years drivers license suspension
- Court Imposed License Suspension: 2 to 10 years drivers license suspension
- Ignition Interlock: may be eligible for ignition interlock restricted limited driving privileges after first 3 years of suspension
- possible house arrest with electronic monitoring and/or continuous alcohol monitoring
- mandatory alcohol/drug assessment and treatment programs as required
- possible criminal vehicle forfeiture
- assessed 6 points on drivers license
- Ohio SR22 insurance requirement
Fourth OVI DUI (and subsequent) - Drunk Driving Conviction - Felony
The penalty for a fourth OVI DUI - drunk driving conviction in Ohio:
- Fine: $1,350 to $10,500 fine
- Jail: 60 days to 5 years in jail
- Administrative License Suspension: 3 years drivers license suspension
- Court Imposed License Suspension: 3 years to lifetime drivers license suspension
- possible house arrest with electronic monitoring and/or continuous alcohol monitoring
- mandatory alcohol/drug assessment and treatment programs as required
- possible criminal vehicle forfeiture
- assessed 6 points on drivers license
- Ohio SR22 insurance requirement
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Implied consent LAWS
It is an offense to refuse to submit to a chemical test in Ohio and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in Ohio
In Ohio, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
FIRST CHEMICAL TEST REFUSAL
SECOND Chemical test REFUSAL
Third Chemical test REFUSAL
Fourth Chemical test REFUSAL
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Ohio SR22 insurance (High Risk auto Insurance)
Ohio Proof of financial responsibility SR-22 auto insurance is continually required in the state of Ohio and can be very expensive if you go with the wrong provider.
Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Ohio auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Ohio
The minimum mandatory liability insurance coverage required in the state of Ohio for private passenger vehicles is (12.5/25/7.5). This equates to the following liability coverage:
- $12,500 bodily injury liability (BIL) per person
- $25,000 for two or more people in one accident
- $7,500 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE DUI / DWI Case evaluation & by local Ohio Lawyer
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Protect your rights! Talk to a local DUI lawyer
Ohio DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Ohio drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Ohio Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Ohio?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Ohio?
• Does Ohio have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Ohio laws and procedures ?
• When and how can you get your driver’s license reinstated in Ohio?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Ohio criminal defense attorney specializing in Ohio drunk driving laws today. |
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Disclaimer: While every effort is made to keep all information up to date, the Ohio drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Ohio DUI lawyer is recommended in all cases.
Useful Ohio DUI Links:
DUI - Drunk Driving Laws in Ohio
Ohio Drivers Handbook
Ohio SR22 Insurance Requirement
Ohio BMV (Bureau of Motor Vehicles)
Ohio Department of Transportation
Ohio Department of Insurance
Ohio Unified Courts
Ohio DUI Lawyers
Ohio DUI discussion forum
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