Ohio Laws and Penalties

Of the 818 traffic fatalities on Ohio highways in 2004, 391 of them involved a driver who was over the legal limit for alcohol. 276 of those deaths had a driver with a Blood Alcohol Content of more than twice the legal limit.

Legal Limit

R.C. 4511.19 – Driving while under the influence of alcohol or drugs; tests; presumptions; penalties; immunity for those withdrawing blood
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them;
(b) The person has a concentration of eight-hundredths of one percent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.

Accordingly, Ohio has two standards for drunk driving:
(1) Operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them; and
(2) Blood Alcohol Concentration of .08 or greater.

In court, both the chemical test that demonstrates that BAC level and officer’s testimony about the driver’s performance in field sobriety tests and other personal observations are admissible to establish these standards.

Penalties

OPERATING A VEHICLE UNDER THE INFLUENCE R.C. 4511.19(A), (G) – 6 POINTS

1st OVI in 6 years

Misdemeanor-1
3 days jail or DIP program up to 6 months
$375 - $1075
Treatment optional
Class 5 license suspension (6 months to 3 years)
Driving privileges after 15 days
Restricted plates and interlock optional
No immobilization or forfeitures

1st OVI in 6 years and high test or refusal with prior in 20 years

Misdemeanor-1
6 days jail or 3 days in jail and 3 days DIP program up to 6 months
$525 - $1625
Treatment optional
Class 5 license suspension (6 months to 3 years)
Driving privileges after 15 days
Restricted plates required for high test; interlock optional
No immobilization or forfeitures

2nd OVI in 6 years

Misdemeanor-1
10 days jail or 5 days in jail and 18 days house arrest and or CAM up to 6 months
$375 - $1075
Alcohol/drug assessment and recommended treatment mandatory
Class 4 license suspension (1 to 5 years)
Driving privileges after 45 days
Restricted plates required for high test; interlock required if alcohol related
90 days immobilization if vehicle registered to Defendant

2nd OVI in 6 years and high test or refusal with prior in 20 years

Misdemeanor-1
20 days jail or 10 days in jail and 36 days house arrest and or CAM up to 6 months
$525 - $1625
Alcohol/drug assessment and recommended treatment mandatory
Class 4 license suspension (1 to 5 years)
Driving privileges after 45 days
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
90 days immobilization if vehicle registered to Defendant

3rd OVI in 6 years

Not classified misdemeanor
30 days jail or 15 days in jail and 55 days house arrest and or CAM up to 1 year
$850 - $2750
Alcohol/drug addiction program mandatory
Class 3 license suspension (2 to 10 years)
Driving privileges after 180 days
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant

3rd OVI in 6 years and high test or refusal with prior in 20 years

Not classified misdemeanor
60 days jail or 30 days in jail and 55 days house arrest and or CAM up to 1 year
$850 - $2750
Alcohol/drug addiction program mandatory
Class 3 license suspension (2 to 10 years)
Driving privileges after 180 days
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant

4th or 5th OVI in 6 years or 6th OVI in 20 years

Felony-4
60 days in local jail and up to 1 year and 60 days prison with additional 6 to 30 months
$1350 - $10,500
Alcohol/drug addiction program mandatory
Class 2 license suspension (3 years to life)
Driving privileges after 3 years
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant

Either 4th or 5th OVI in 6 years or 6th OVI in 20 years and high test or refusal

Felony-4
120 days in local jail and up to 1 year and 120 days prison with additional 6 to 30 months
$1350 - $10,500
Alcohol/drug addiction program mandatory
Class 2 license suspension (3 years to life)
Driving privileges after 3 years
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant

2nd felony lifetime

Felony-3
60 days prison up to 5 years
$1350 - $10,500
Alcohol/drug addiction program mandatory
Class 2 license suspension (3 years to life)
Driving privileges after 3 years
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant

2nd felony lifetime and high test or refusal

Felony-3
120 days prison up to 5 years
$1350 - $10,500
Alcohol/drug addiction program mandatory
Class 2 license suspension (3 years to life)
Driving privileges after 3 years
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant

1st or 2nd felony lifetime with R.C. 2941.1413 specification

Felony-3 or Felony-4
120 days prison up to 5 years and 1, 2, 3, 4, and 5 years consecutive
$1350 - $10,500
Alcohol/drug addiction program mandatory
Class 2 license suspension (3 years to life)
Driving privileges after 3 years
Restricted plates required for high test; interlock required if alcohol related; optional if drug related
Forfeiture if registered to Defendant
No privileges may be granted in suspension imposed on offender who, within preceding six years, has had 3 or more convictions or guilty plea. R.C. 4510.13(A)(3).
First Ohio OVI conviction results in one-year commercial driver’s license (CDL) disqualification and second anytime results in lifetime disqualification. R.C. 4506.16(D).
CDL operators are subject to lower alcohol and controlled substance levels plus separate offenses under R.C. 4506.
DIP stands for Driver Intervention Program certified under R.C. 4506.16(D).
House arrest also referred to as HAEM house arrest with electronic monitoring.
CAM stands for continuous alcohol monitoring.
Waiver may be granted for immobilization of vehicle for family or household member if completely dependent on vehicle and would result in undue hardship. R.C. 4511.19(G)(3)
Court has authority to reduce Class 3 suspension from 2 years to 1 year. R.C. 4510.13(A)(2)(b)

OPERATING A VEHICLE AFTER UNDERAGE CONSUMPTION R.C. 4511.19(B), (H) – 4 POINTS

1st underage OVI in 1 year

Misdemeanor-4
0 to 30 days jail
$0 to $250
Treatment optional
Class 6 license suspension (90 days to 2 years)
Driving privileges after 60 days
Restricted plates and interlock optional
No immobilization or forfeitures

2nd or more underage OVI in 1 year

Misdemeanor-3
0 to 60 days jail
$0 to $500
Treatment optional
Class 4 license suspension (1 to 5 years)
Driving privileges after 60 days
Restricted plates and interlock optional
No immobilization or forfeiture

PHYSICAL CONTROL WHILE UNDER THE INFLUENCE R.C. 4511.194 – O POINTS

Any physical control offense

Misdemeanor-1
0 to 180 days jail
$0 to $1000
Treatment optional
Class 7 license suspension optional (up to 1 year)
No Driving restrictions
Restricted plates and interlock optional
No immobilization or forfeiture

Implied Consent Statute – R.C. 4511.191(A)(2)

Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have given consent to a chemical test or tests of the person’s whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person’s whole blood, blood serum or plasma, breath, or urine if arrested for a violation of division (A) or (B) of Sections 4511.19 of the Revised Code, Section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance.

By driving on Ohio highways, you have given your implied consent to chemical testing for whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content Blood Alcohol Concentration. You can always refuse the testing, but the following penalties will apply in addition to any other criminal penalties:

REFUSAL OF CHEMICAL TEST R.C. 4511.191(B)

1st refusal/offense in 6 years

Class C license suspension (1 year)
Driving privileges after 30 days
Restricted plates optional as condition for privileges
Interlock optional as condition for privileges

2nd refusal/offense in 6 years

Class B license suspension (2 years)
Driving privileges after 90 days
Restricted plates optional as condition for privileges
Interlock optional as condition for privileges

3rd refusal/offense in 6 years

Class A license suspension (3 years)
Driving privileges after 1 year
Restricted plates optional as condition for privileges
Interlock optional as condition for privileges

4th or more refusal/offense

(5 years)
Driving privileges after 3 years
Restricted plates optional as condition for privileges
Interlock optional as condition for privileges

FAILED CHEMICAL TEST R.C. 4511.191(C)