{"id":375685,"date":"2016-03-31T21:36:20","date_gmt":"2016-04-01T02:36:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-ovi-laws.html"},"modified":"2024-03-12T22:42:00","modified_gmt":"2024-03-13T03:42:00","slug":"ohio-ovi-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-ovi-laws.html","title":{"rendered":"Ohio OVI Laws"},"content":{"rendered":"\n
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Ohio OVI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s a crime that has many names. More commonly known as driving under the influence (DUI), some states call it driving while under the influence of alcohol or drugs (DWI). In Ohio, drugged and drunk driving falls into two categories: operating a vehicle under the influence<\/a> (OVI) and Operating a Vehicle After Underage Consumption (OVAUC).<\/p>\r\n

Driving while intoxicated is a dangerous choice that costs thousands of people’s lives<\/a> every year. DUI accounts for over 1 million arrests<\/a> each year.<\/p>\r\n

If you are facing an OVI charge, you likely have questions about what to expect. The law can be confusing. FindLaw walks you through Ohio OVI laws and potential penalties.<\/p>\r\n\r\n
Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/th>\r\n<\/tr>
"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.17%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>
Select Penalties<\/th>\r\n<\/tr>
Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n1 year, 1 year, 2 years,<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nAssessment & Treatment<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes (3rd offense)<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: <\/b>State laws are always subject to change through the passage of new legislation, by rulings in the higher courts, including federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Ohio OVI Laws<\/h2>\r\n

Ohio law forbids anyone from operating a "vehicle, streetcar, or trackless trolley" if they are under the influence of alcohol, a "drug of abuse," or a combination of either. Under this language, you don’t need to be at or about the legal limit to face arrest. A police officer only needs to show that you were too intoxicated to operate a vehicle safely.<\/p>\r\n

The law also prohibits specific blood alcohol contents (BAC) and controlled substances.<\/p>\r\n\r\n

Alcohol Level<\/p>\r\n<\/th>\r\n

Breath<\/p>\r\n<\/th>\r\n

Whole Blood<\/p>\r\n<\/th>\r\n

Blood serum\/Plasma<\/p>\r\n<\/th>\r\n

Urine<\/p>\r\n<\/th>\r\n<\/tr>

Adult<\/p>\r\n<\/th>\r\n

0.08%<\/p>\r\n<\/td>\r\n

0.08%<\/p>\r\n<\/td>\r\n

0.096%<\/p>\r\n<\/td>\r\n

0.11%<\/p>\r\n<\/td>\r\n<\/tr>

Under 21<\/p>\r\n<\/th>\r\n

0.02%<\/p>\r\n<\/td>\r\n

0.02%<\/p>\r\n<\/td>\r\n

0.03%<\/p>\r\n<\/td>\r\n

0.028%<\/p>\r\n<\/td>\r\n<\/tr>

Commercial Driver<\/p>\r\n<\/th>\r\n

0.04%<\/p>\r\n<\/td>\r\n

0.04%<\/p>\r\n<\/td>\r\n

0.048%<\/p>\r\n<\/td>\r\n

0.056%<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Per Se OVI<\/h3>\r\n

Ohio drugged and drunk driving laws recognize per se OVI offenses<\/a>. A per se offense is an OVI established by chemical test results. If found to have at or above the legal limit for alcohol or controlled substances, you can face an OVI charge without showing actual impairment. You may not feel intoxicated or have been driving badly. Test results showing the following limits are enough for a charge and OVI conviction.<\/p>\r\n\r\n

Drug<\/p>\r\n<\/th>\r\n

Urine Test<\/p>\r\n<\/th>\r\n

Any Blood Analysis<\/p>\r\n<\/th>\r\n<\/tr>

Amphetamines<\/p>\r\n<\/th>\r\n

500 nanogram (ng)<\/p>\r\n<\/td>\r\n

100 ng<\/p>\r\n<\/td>\r\n<\/tr>

Cocaine or Cocaine Metabolite<\/p>\r\n<\/th>\r\n

150 ng<\/p>\r\n<\/td>\r\n

50 ng<\/p>\r\n<\/td>\r\n<\/tr>

Cannabis\/Marijuana\/THC<\/p>\r\n<\/th>\r\n

10 ng<\/p>\r\n<\/td>\r\n

2 ng<\/p>\r\n<\/td>\r\n<\/tr>

Cannabis Metabolite<\/p>\r\n<\/th>\r\n

35 ng<\/p>\r\n<\/td>\r\n

50 ng<\/p>\r\n<\/td>\r\n<\/tr>

Heroin<\/p>\r\n<\/th>\r\n

2000 ng<\/p>\r\n<\/td>\r\n

50 ng<\/p>\r\n<\/td>\r\n<\/tr>

Heroin Metabolite\/6-mono acetyl morphine<\/p>\r\n<\/th>\r\n

10 ng<\/p>\r\n<\/td>\r\n

10 ng<\/p>\r\n<\/td>\r\n<\/tr>

LSD\/Acid<\/p>\r\n<\/th>\r\n

25 ng<\/p>\r\n<\/td>\r\n

10 ng<\/p>\r\n<\/td>\r\n<\/tr>

Methamphetamine<\/p>\r\n<\/th>\r\n

500 ng<\/p>\r\n<\/td>\r\n

100 ng<\/p>\r\n<\/td>\r\n<\/tr>

Phencyclidine\/ PCP<\/p>\r\n<\/th>\r\n

25 ng<\/p>\r\n<\/td>\r\n

10ng<\/p>\r\n<\/td>\r\n<\/tr>

Salvia divinorum\/Salvinorin A<\/p>\r\n<\/th>\r\n

Not yet determined by the State Board of Pharmacy<\/p>\r\n<\/td>\r\n

Not yet determined by the State Board of Pharmacy<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Implied Consent<\/h3>\r\n

When a law enforcement officer suspects you are operating a vehicle while impaired, they will ask you to participate in a series of tests. Typically, the officer will ask you to take a Breathalyzer or breath test. The police officer will also have you perform field sobriety tests.<\/p>\r\n

You may refuse to cooperate with these tests. However, if the police officer asks you to submit to chemical tests, you should cooperate under Ohio’s implied consent law<\/a>. When you drive, you agree to abide by the law. Part of these laws include consenting to chemical testing when an officer reasonably suspected you are under the influence.<\/p>\r\n

You may refuse chemical tests, but the officer will immediately confiscate your driver’s license. Your driver’s license suspension can be up to 12 months if this is your first refusal. A second refusal within six years will suspend your license for two years.<\/p>\r\n

If you cooperate with chemical tests and those tests are positive for prohibited substances or BAC level, you face a 90-day license suspension.<\/p>\r\n

These are administrative license suspensions. You must serve this suspension regardless of the outcome of your OVI case. You have 30 days to contest this suspension with the Ohio Bureau of Motor Vehicles (BMV).<\/p>\r\n

OVI Penalties<\/h2>\r\n

When facing an OVI charge, the state has put mandatory minimum penalties. This includes a minimum of three days in jail or an alternative program, a six-month license suspension, and a large fine. Moreover, these penalties do not just apply to drinking alcohol and driving. You face prosecution for taking illegal or prescription drugs and driving if it impairs your ability to operate a motor vehicle safely<\/a>. This includes driving under the influence of cannabis\/marijuana<\/a> or its derivatives.<\/p>\r\n

A first OVI is a misdemeanor charge. For a first-offense conviction, if you’re over 21 and your BAC is under 0.17%, your sentence can include:<\/p>\r\n