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Ohio DUI Laws Penalties And Fines
Ohio Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Ohio drunk driving laws, Ohio Operating a Vehicle while Intoxicated (OVI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers).
Ohio drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Ohio:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid OVI in Ohio is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it.
Being below it does not make you legal.
Consequences of DUI Offense in Ohio
A drunk driving conviction in Ohio has serious consequences, which become even more severe with repeat offenses and with certain Aggravating Factors, which include high BAC test results or refusals to take BAC tests.
A DUI conviction in Ohio remains on your record for 6 years, for purposes of calculating repeat offense levels, but certain consequences of refusing BAC tests look back 5 years or even 20 years (see Implied Consent Law, below).
The arresting officer confiscates a Ohio DUI arrestee’s driver’s license immediately, pending an administrative suspension hearing.
You can apply for a hardship license for business or employment purposes when required time periods have elapsed from the date when your license was first suspended.
Hardship licenses are available, if you refused a BAC test, but you must wait a longer period of time before applying for one.
