Ohio DUI Laws & Attorneys
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Stay with the state beverage, tomato juice – with no vodka or beer – and you’ll drive on Ohio’s roads and highways in safety. But put too much booze in the juice you might wind up as a highway casualty or a court statistic.
Ohio’s OVI (operating a vehicle under the influence of drugs or alcohol) ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ due to alcohol and/or drugs that impairs physical or mental abilities to a degree that causes driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for an Ohio OVI, even though you are not “legally drunk”.
If you are in the driver’s seat of a vehicle, even if the vehicle is parked and not running at the time of the offense, but have the keys so as to be capable to put the vehicle in motion, and you are impaired – it would be considered "operation and/or control" of a vehicle, and you can be arrested and prosecuted for an Ohio OVI.
Under Ohio’s “implied” consent law, all licensed drivers have given their consent to comply with a blood alcohol content (BAC) test. Even if you are not licensed, by law you have to consent to a lawfully ordered request to obey. You should note that you have the right to a second blood alcohol content (BAC) test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Ohio OVI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with an Ohio OVI you’re going to face two adversaries: the criminal courts, and the Ohio Bureau of Motor Vehicles (BMV). If your license was suspended or revoked because of an OVI, you will be offered a formal hearing. Although both a court case and administrative penalties may look similar, they are imposed separately from different jurisdictions and generally run concurrently (at the same time).
You have the right to make a request within 30 days for an administrative hearing with the BMV to try avoiding losing driving privileges. A hearing may be a crucial opportunity to let your Ohio OVI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And BMV sanctions can also be imposed even if you are found not guilty in a criminal court case. Even if you prove your case the BMV can still suspended your license if they deem you to be a ‘habitual’ or continually unsafe driver.
Be advised that Ohio has an out-of-state Driver’s License Compact Agreement. This means that Ohio OVI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Ohio OVI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country OVI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Ohio OVI specialist. In any case, if you are stopped and arrested for suspicion of an Ohio OVI, request to see a OVI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with an Ohio OVI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by an Ohio OVI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to an Ohio OVI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Ohio OVI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, OVI charges and Ohio drunk driving laws should be taken very seriously. Ohio OVI convictions and penalties can be long lasting and severe, both in court and with the Ohio Bureau of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. An Ohio OVI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting an Ohio OVI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s An Ohio OVI Defense Attorney Going To Cost?
One of the biggest concerns for anyone charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Ohio OVI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance in establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than an OVI conviction. The arresting officer will take your license and it will be automatically suspended.
You mat request a hearing (which is not a trial) where the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Ohio OVI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of an Ohio OVI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain an Ohio drunk driving charge without an experienced Ohio OVI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in OVI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Ohio OVI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Ohio BMV and the Criminal Courts Double Jeopardy?
Like most states, Ohio law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Ohio BMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Ohio administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get A Conviction Expunged?
Ohio law prohibits a person from expunging an OVI conviction from a criminal record. However, many factors come into play, that’s why it’s important to contact a veteran Ohio OVI attorney.
Can I Get a Limited/Occupational Driver's License?
Limited permits, for work, school or alcohol programs and treatment are available after a 15 days waiting period. However, if you refused the BAC test you are ineligible
What About Enhanced Punishments For Multiple Ohio OVI Convictions?
Many circumstances may lead to sentence enhancements: prior OVI convictions, the presence of a child in the car, speeding, reckless driving, higher levels of concentration will double in jail time and other increased sanctions, and causing an accident with injuries or property damage, and forfeiture of your vehicle.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Ohio multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Ohio OVI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
You insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well. And if you are driving without insurance while cited for an OVI your vehicle can be immobilized.
“Innocent Owner” Provision and Penalties
Under Ohio OVI law, If you were aware that a person driving your vehicle was ‘under the influence’ or that the person’s license was suspended via a OVI conviction, you may lose your license for 30 days, your license plates and your vehicle can be impounded and/or the vehicle can be seized and sold.
– Ohio OVI Criminal Penalties –
1st Ohio OVI Offense
3 days minimum up to 6 months maximum in jail.
Court may allow participation in a 72 hour (3 Day) Alcohol Intervention Program in lieu of a 3 day mandatory jail sentence.
$200 to $1,000 fine.
6 months to 3 years loss of license.
Eligible for occupational license after 15 days.
2nd Offense
10 days mandatory to 6 months in jail.
$300 to $1,500 fine.
1 year to 10 years loss of license.
Not eligible for occupational license.
90 days impound of plates and immobilization of vehicle.
Possible seizure of vehicle (2nd offense within five years).
3rd Offense
30 days mandatory to 1 year in jail.
$500 to $2,500 fine.
1 to 10 years loss of license.
Not eligible for occupational license.
180 days impound of plates and immobilization of vehicle.
Seizure and forfeiture of vehicle (2nd offense within 5 years).
4th Offense
60 days mandatory to 6 months in jail.
$750 to $10,000 fine.
3 years to lifetime loss of license.
Not eligible for occupational license.
Immediate seizure and forfeiture of vehicle.
– Ohio BMV Penalties –
1st Offense
90 days to 1 year Administrative License Suspension for BAC test refusal.
3 days minimum jail or 3 days driver intervention program.
$200 up to $1,000 fine.
6 months to 3 years loss of license.
2nd Offense
Minimum of 10 consecutive days in jail or 5 days jail and 18 consecutive days minimum to 6 months of electronically monitored house arrest.
1 to 5 years loss of license.
Minimum $300 to $1,500 fine.
Discretionary driver's intervention program;
90 days vehicle immobilization and impounded plates.
2 years license suspension for BAC test refusal.
3rd Offense
30 days to 1 year in jail.
1 to 10 years loss of license.
Or 15 days jail plus 55 consecutive days to 1 year of electronically monitored house arrest.
$500 to $2,500 fine.
Mandatory attendance in an alcohol treatment program.
Vehicle immobilization and plates impounded for 180 days.
3 years loss of license for BAC test refusal.
4th Offense or More
A felony.
$750 up to $10,000 fine.
60 consecutive days to 1 year in jail.
3 years to permanent loss of license.
Mandatory drug/alcohol treatment program.
Forfeiture of vehicle.
5 years loss of license for BAC test refusal.
– Ohio BMV Penalties –
1st Offense
$200 to $1000 fine.
6 month to 3 years loss of license.
3 day driver intervention program (or jail for all offenses time which is generally imposed by the court).
2nd Offense
$300 to $1500 fine.
1 to 5 years loss of license.
Driver’s Substance Abuse Intervention Program.
Vehicle immobilization or impounded plates for 90 days.
3rd Offense
$500 to $2500 fine.
1 to 10 years loss of license.
Mandatory alcohol treatment program.
Vehicle immobilization or impounded plates for 180 days.
4th Offense
$750 to $10,000 fine.
3 years to lifetime loss of license.
Mandatory alcohol treatment program.
Mandatory forfeiture of vehicle operated by offender.
Refusing BAC Test
1st offense, 1 year loss of license.
Suspension may be removed upon entering a guilty plea.
2nd offense, 2 years loss of license.
3rd offense 3 years loss of license.
4th offense 5 years loss of license.
Underage DUI
1st offense under 18, driver’s license suspended until 18.
Eligible for modified driver’s license.
Offenders over the age of 18 face adult penalties.
Commercial Driver’s License
BAC of .04% (although it is illegal to operate a commercial vehicle with amount alcohol in your system
1st offense 1 year disqualification.
2nd offense, lifetime disqualification.
– Disclaimer –
Only an experienced Ohio DUI attorneys should provide you with bonified legal advice concerning Ohio OVI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Ohio OVI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Ohio OVII attorney specializing in OVI cases.
– Citations –
Ohio Bureau of Motor Vehicles
1970 West Broad Street
Columbus, Ohio 43223-1101
(614) 752-7500
Ohio Revised Code (ORC) §4511.194511 Operating vehicle under the influence of alcohol or drugs - OVI.
