Ohio's New
DUI Laws & Fines...

 

Ohio's D.U.I. Law
.08 Blood Alcohol Content


IF YOU DRINK AND DRIVE, YOU ARE COMMITTING A SERIOUS CRIME WHICH HAS SWIFT AND SURE CONSEQUENCES THAT ARE HARD TO IGNORE.

Administrative License Suspension (ALS)

         If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately.

         Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.

         The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.


First Ohio OVI

1st Drunk Driving Conviction

* Jail 3 Days Minimum up to 6 Months or,
* Driver Intervention Program For 3 Days
* Jail 6 Days (If Blood Alcohol Concentration .17 or Above)

* License Suspension From 6 Months to 3 Years
* Reinstatement Fee - $450
* Fine From $250 to $1,000


Second Ohio OVI

2nd Drunk Driving Conviction

            * Jail 10 Days Minimum and,
            Electronic Home Monitoring From 18 Days to 6 Months
            Jail 20 Days (If Blood Alcohol Concentration .17 or Above)

            * Fine From $350 to $1,500

            * License Suspension From 1 to 5 Years

            * Reinstatement Fee - $450

            * Vehicle Immobilization 90 Days

            * Driver Intervention Program


Third Ohio OVI

3rd Drunk Driving Conviction

            * Jail 30 Days to 1 Year or,
            * Jail 15 Days and Electronic Home Monitoring from 55 days to 1 Year
            * Jail 60 Days (If Blood Alcohol Concentration .17 or Above)

            * Fine From $350 to $1,500

            * License Suspension From 1 to 10 Years

            * Reinstatement Fee - $450

                       * Vehicle Immobilization 180 Days
          
                       * Attend Mandatory Alcohol Treatment Program


Fourth Ohio OVI

4th Drunk Driving Convictions

            * Felony Offense

            * Jail 60 Days to 1 Year

            * Fine From $800 to $10,000

            *License Suspension From 3 Years to Permanent

            * Reinstatement Fee - $450

            * Mandatory Vehicle Forfeiture

            * Mandatory Drug / Alcohol Treatment Program


 

Drinking and Driving Laws in Ohio

It is illegal in the State of Ohio to drive with a blood alcohol concentration (BAC) of .08 or above. The limit is lower for commercial drivers and drivers under the age of 21. In Ohio a DUI is called a OVI, meaning "Operating a Vehicle Intoxicated". The Ohio OVI law includes alcohol or drugs or both. While the OWI specify's a .08 BAC in the case of alcohol, it is illegal to drive with any amount of a controlled substance such as marijuana, cocaine, heroin, or meth present in the driver's blood.

How many drinks does it take to reach the legal limit in Ohio?

It is difficult to calculate how many drinks it takes to reach the .08 BAC OVI limit. There are many factors that contribute to an individuals BAC level including weight, sex, body-fat percentage and the time interval between drinks. Studies have show that a persons BAC could go up as much as .05 percent for each drink taken. There are charts and calculators that can help you calculate your BAC, however these tools do not take all variables into account when calculating your BAC. The fact is it takes very little alcohol to become legally drunk and each drink taken is a another step closer to becoming an "impaired" driver.

The best answer is not to drink and drive . The State of Ohio has strict laws for drunk driving, and when you drink and drive in Ohio, you risk your freedom, finances and your future.

The first time you are arrested and convicted of drunk driving in Ohio, you will receive an Administrative License Suspension (ALS) 90 days. This ALS suspension is independent of your court ordered suspension that will be from 6 months to 3 years in duration. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory 72 hours in jail. You will also be ordered to pay a fine between $250 and $1,000.

The second OVI you receive in Ohio will cost you a 1 year ALS if it was within 6 years of your previous DUI. This ALS suspension is independent of your court ordered suspension that will be from 1 to 5 years. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory 10 days in jail. You will also be ordered to pay a fine between $350 and $1,500. The court may also place you in an alcohol treatment or driver intervention program at your own expense.

A 3rd drunk driving conviction in the State of Ohio and you will receive a 3 year administrative license suspension (ALS) if the conviction is within 6 years of the first. This ALS suspension is independent of your court ordered suspension that will be from 2 to 10 years. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory minimum 30 days in jail, or, if the court allows, electronically monitored house arrest. You will also be ordered to pay a fine between $500 and $2,500. The court will order you to an alcohol or drug treatment program at your own expense.

All 4th and 5th drunk driving convictions in the State of Ohio will receive a 3 year administrative license suspension (ALS) if the conviction is within 6 years of the first. This ALS suspension is independent of your court ordered suspension that will be from 3 years to life. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory minimum 60 days in jail, or up to 1 year. In addition to this imprisonment, the court can charge 4th and future OVI's with having previous convictions which carries jail time up to 5 years. You will also be fined from $800-$10,000.

Drunk Driving Laws in Ohio

State of Ohio BAC Laws:

All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher or ZERO Tolerance
Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Ohio

The State of Ohio, like many states across the country has an implied consent law that affects all drivers on the roadways of Ohio. All drivers in the state agree to submit to a chemical test of their blood, breath or urine if an officer of the law suspects the driver of being under the influence of drugs, alcohol, or both. If you refuse to submit to such a test your drivers license will be immediately suspended and you will face a hearing in court. Unless there are special circumstances in your case you will have your drivers license suspended for 1 year for failing to submit to a field sobriety test. This is for the first refusal only, future refusals will result in longer suspensions and harsher penalties.

APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION (ALS)

The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

    1. Was the arrest based on reasonable grounds?

    2. Did the officer request the person to take a test?

    3. Was the violator made aware of the consequences if he/she refused or failed the test?

    4. Did the person refuse or fail the test?

NOTE:   A court may still issue a suspension even if 1-4 is proven by defendant if court finds the person is a threat to public safety.


DRIVING UNDER DUI SUSPENSION OR DRIVING UNDER SUSPENSION WITHOUT INSURANCE

The court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing for:

Driving under DUI Suspension

FRA Suspension
(without insurance)

First Offense: 30 days

First Offense: 30 days

Second Offense: 60 days

Second Offense: 60 days

Third Offense: Forfeiture

Third Offense: Forfeiture

Note: For multiple DUI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender.

PERMITTING A PERSON WITH NO LEGAL RIGHT TO DRIVE OR OPERATE YOUR VEHICLE

First Offense: 30 days for state offenses only.


VEHICLE FORFEITURE

Permanent loss of vehicle shall be ordered by the court for any of the following which occurs within five years, except "C":

    A) Third offense of DUI

    B) Third offense or more of Driving Under FRA Suspension

    C) Second offense of owner knowingly permitting a person who is under suspension to drive their vehicle.

    D) First offense of driving a vehicle that is immobilized and plates impounded.

There is a provision for a court review to protect an innocent vehicle owner from a vehicle forfeiture or immobilization. If forfeiture occurs, offender cannot register or title any vehicle in his or her name for six years.

 Below is a Blood Alcohol Impairment chart. 
Please remember that in Ohio you are legally drunk if your Blood Alcohol Content is .08 or higher.