Under Ohio DUI laws, a driver with as small a concentration of less than 238,000th of one gram of alcohol in his system is guilty of operating a vehicle under the influence. A first conviction may bring not only fines and license suspension, but jail time, as well. On subsequent convictions, these penalties are often enhanced.
Current Laws
4511.19 Operating Vehicle Under the Influence of Alcohol or Drugs: OVI
(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 per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.
(d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
(e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
Penalties
First conviction in 6 years: 1st degree misdemeanor. Jail: 3 days to 6 months or driver intervention with probation. Fine: $375 to $1,075. Suspended license: 6 months to 3 years.
Second conviction in 6 years: 1st degree misdemeanor. Jail: 10 days to 6 months or 5 days w/18 days of electronically monitored house arrest. Fine: $525 to $1,625. Suspended license: 1 to 5 years. Alcohol/drug assessment. Mandatory restricted plates and interlock device.
Third and subsequent convictions: 4th degree felony with 3 or more prior DUIs within 6 years (or 5 or more prior DUIs in 20 years). Jail: 6 months to 2.5 years. Fine: $850 to $10,500. Suspended license may be lifetime. Vehicle forfeiture or interlock device.
Talk to a DUI Lawyer
If you are charged with a DUI in Ohio, you can face up to several years in jail in addition to stringent fines, mandatory drug assessment programs and restricted driving privileges. Upon a third or subsequent conviction within 6 years, your license can be suspended up to a lifetime and your vehicle forfeited or interlocked. Talk with an attorney experienced with Ohio's DUI laws to protect against possible prosecution and/or conviction.
