Ohio DUI lawsstate that it is unlawful for any person to operate or attempt to drive a motorized vehicle in the state of Ohio while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of .08% or greater.
It is not necessary for a person who is stopped onsuspicion of driving under the influencein Ohio to show the typical signs of impairment one would expect to see in someone who has been consuming alcohol or drugs, just the fact that that person’s BAC level is above the legal limit of .08% or greater will get you arrested for DUI in Ohio.
A person can still be arrested and charged with DUI in Ohio even if their BAC level is below the legal limit just by displaying signs of impairment that are consistent with driving under the influence.
Even before an officer stops someone on suspicion of DUI, the officer is already starting to build a case against that individual starting with observing the individual’s driving behavior prior to initiating a DUI stop. The officer is going to be observing whether or not you are swerving within your own lane or whether or not you are swerving over the lane markers.
He will also be looking for other signs like excessively wide turns, how you are maintaining your speed versus the posted speed limit and other various observations. All of this is going on even before the officer initiates a DUI stop.
When you are stopped the officer is going to start by asking the obvious questions as to whether or not you’ve been drinking and then the officer will proceed into asking you toperform some field sobriety tests. It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them.
You are however, required by Ohio’s implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a chemical test.
Every driver who holds a Ohio driver’s license has agreed to the state’s implied consent law when they initially accepted their Ohio driver’s license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.
You only have 5 daysfrom the date of your arrest to request an administrative license suspension hearing with the Bureau of Motor Vehicles to challenge the BMV’s suspension of your driver’s license. Administrative hearings can be quite intimidating without an Ohio DUI lawyer on your side who knows the ALS hearing process.
The scope of the ALS hearing will be to determine if the arresting officer had probable cause to arrest you, did the officer request that you submit to a chemical test and if you refused the chemical test did the officer inform you of the penalties for refusal, and the last item that will be covered will be whether or not you refused or submitted and fail the chemical test.
Anexperienced Ohio DUI lawyerwill charge around $400 – $500 to represent you at your administrative hearing. If you are successful at your administrative hearing your license will be returned to you. If the BMV rules against you, the suspension of your license will stand, but you may be eligible for an occupational license after the first 30 days of your suspension period has passed.
Ohio First Offense DUI Penalties
An Ohio first offense DUI conviction carries the following penalties:
Jail time:For a first time offense conviction you will be facing a minimum of 3 consecutive days in jail or in lieu of jail time the court may order you to attend a72 hour driver intervention program.
Fines:The minimum fine for a first offense conviction is $375 up to the maximum of $1,075 plus court costs.
Test refusal:A first offense refusal will result in a 1 year license suspension.
Alcohol treatment:Attendance in a 72 hour driver intervention program is an option in lieu of jail time.
Ignition interlock:An interlock is not required for a first offense, but is optional if the court deems it necessary.
License suspension:A first offense will result in a 6 month to 3 year license suspension. If you submitted to a chemical test you will be eligible for a limited license after serving 15 days of the suspension period. If you refused the chemical test you will be eligible for a limited license after serving 30 days of the suspension period. Before the Ohio BMV will reinstate your license following your suspension period or issue you a occupational license you will be required to show proof of financial responsibility in the form of aOhio SR22 insurancepolicy that meets the states minimum auto insurance liability coverage limits. You will also have to pay areinstatement feeto the Ohio BMV.
Ohio Second Offense DUI Penalties
An Ohio second offense DUI conviction is considered a second offense if it occurs within 6 years of a previous offense conviction and carries the following penalties:
Jail time:For a second offense conviction you will be facing a minimum of 10 days in jail up to maximum of 6 months. A high end test result or a refusal within the past 20 years will double the sentence period.
Fines:The minimum fine for a second offense conviction is $525 up to the maximum of $1,625 plus court costs.
Test refusal:A second offense refusal will result in a 2 year license suspension.
Alcohol treatment:Attendance in a72 hour driver intervention programis mandatory following a second offense.
Ignition interlock:An interlock is required for second offense if alcohol related. Restricted license plates are also required.
Vehicle immobilization:Your vehicle will be immobilized and your plates will be impounded for 90 days, if vehicle you were driving was registered to you.
License suspension:A second offense will result in a 1 – 5 year license suspension. You will be eligible for a limited license following 45 days of the suspension period. An ignition interlock will be required if alcohol related. The court, acting independently of the BMV may also suspend your license for a minimum of 1-year up to a maximum of 5-years. The court may also require you to attend a driver’s intervention program.
Before the Ohio BMV will reinstate your license following your suspension period or issue you a occupational license you will be required to show proof of financial responsibility in the form of aOhio SR22 insurancepolicythat meets the states minimum auto insurance liability coverage limits. You will also have to pay areinstatement feeto the Ohio BMV.
Ohio Third Offense DUI Penalties
An Ohio third offense DUI conviction is considered a third offense if it occurs within 6-years of two previous offense convictions and carries the following penalties:
Jail time:For a third offense conviction you will be facing a minimum of 30 days in jail up to maximum of 1 year. A high end test result or a refusal within the past 20 years will double the jail sentence period.
Fines:The minimum fine for a third offense conviction is $850 up to the maximum of $2,750 plus court costs.
Test refusal:A third offense refusal will result in a 3 year license suspension.
Alcohol treatment:Attendance in a72 hour driver intervention programis mandatory following a third offense.
Ignition interlock:An interlock is required for third offense if alcohol related. Restricted license plates are also required.
Vehicle forfeiture:The court will impose a mandatory vehicle forfeiture for a third offense conviction.
License suspension:A third offense will result in a 2 – 10 year license suspension. You will be eligible for a limited license following 180 days of the suspension period. An ignition interlock will be required if alcohol related. Before the Ohio BMV will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of aOhio SR22policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay areinstatement feeto the Ohio BMV.
Ohio Subsequent Offense DUI Penalties
An Ohio fourth or subsequent offense DUI conviction is a Motor Vehicle Related Felony offense and carries the following penalties:
Jail time:For a fourth or subsequent time offense conviction you will be facing a minimum of 60 days to 1 year in local jail or 6 months in state prison with the option of an additional 6 to 30 months of imprisonment.
Fines:The minimum fine for a fourth or subsequent offense conviction is $1,350 up to the maximum of $10,500 plus court costs.
Vehicle forfeiture:The court will impose a mandatory vehicle forfeiture for a fourth or subsequent offense conviction if the vehicle is registered in your name.
Alcohol treatment:Attendance in a72 hour driver intervention programis mandatory following a fourth or subsequent offenses.
Ignition interlock:An interlock is required for fourth or subsequent offenses if alcohol related. Restricted license plates are also required.
License suspension:A fourth or subsequent offense will result in a 3 year to life license suspension. The court may grant you limited driving privileges with an ignition interlock after 3 years of suspension. Before the Ohio BMV will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of aOhio SR-22 insurancepolicy that meets the states minimum auto insurance liability coverage limits. You will also have to pay areinstatement feeto the Ohio BMV.
Ohio CDL OVI/DUI Laws
A person operating a commercial motor vehicle in the state of Ohio while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state’s laws regarding CDL’s and will be arrested for OVI/DUI and your CDL will be revoked for a period of 1-year following a first offense violation. A second CDL OVI/DUI offense will result in your CDL being revoked for life.
If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an “out-of-service” notice and will not be allowed to drive for the next 24-hours.
Ohio OVI/DUI Under 21 Years of Age
A first offense conviction for someone under the age of 21 who is arrested for operating a vehicle under the influence is 0 – 30 days in jail, $0 – $250 fine, your license will be suspended for a minimum of 90 days up to a maximum of 2-years and you will not be eligible for a temporary driving permit for the first 60 days of your suspension.
A second offense conviction for someone under the age of 21 who is arrested for OVI or DUI is 0 – 30 days in jail, $0 – $250 fine, your license will be suspended for a minimum of 1-year up to 5-years and you will not be eligible for a temporary permit for the first 60 days of your suspension.
You will also be required to show proof of financial responsibility in the form of anOhio SR-22 insurancepolicy before the BMV will reinstate your license or issue you a temporary driving permit..
Ohio SR22 Requirements
Before the Ohio Bureau of Motor Vehicles will reinstate your license following your revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry yourSR22 insurancefor a period of 3-years.
At anytime during this 3-year period if there is a lapse in yourOhio SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Ohio BMV of the lapse. If a lapse in coverage occurs, the Ohio BMV will immediately revoke your license and you will be required to re-file an SR22 form with the BMV before they will issue you another license.
Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Ohio and has worked out a special discount only available here for our website visitors.
Additional Ohio DUI Resources
- Ohio First Offense DUI– First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
- Ohio SR22 Insurance Filing– We have compiled everything you need to know about Ohio’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
- Ohio DUI Classes– We offer a complete listing of state approved DUI & alcohol abuse classes.
- Ohio Bail Bondsmen– Comprehensive list of Ohio bail bond agents including address, phone, website, etc.
FAQs
What is the penalty for first time DUI in Ohio? ›
Your First Offense DUI is a Misdemeanor in Ohio
The penalties of a conviction mean a minimum of 3 days and a maximum of 6 months in jail and paying between $375 and $1,075 in fines. Instead of jail, you may be required to attend a driving intervention program and install an ignition interlock device.
For a first offense “high test” OVI conviction (over a . 17 BAC), there is a six-day mandatory minimum jail sentence. However, Ohio OVI law allows for first time offenders to avoid spending time in the county jail by attending an approved 3-day driver intervention program (DIP) in lieu of jail.
What are the new ovi laws in Ohio? ›Under the new law, the courts will be allowed to issue unlimited driving privileges to a person who is using the ignition interlock device. This allows the offender to not be subject to the limited driving privileges (work, school, and medical) normally issued, while increasing the monitoring of the individual.
What is the most common penalty for a DUI? ›Common penalties include jail time, community service, fines, license suspension, and having to install an ignition interlock device (IID) in your vehicle. The minimum penalties for a first-offense DUI are often increased if you had a high blood alcohol concentration (BAC) (usually .
Can a DUI be dismissed in Ohio? ›You can use a motion to dismiss to have the court dismiss DUI/OVI charges against you so the charges are removed from your record and you do not suffer any of the negative consequences from committing such an offense.
Do you lose your license for first DUI in Ohio? ›In addition to any administrative suspension, the judge will impose a Class Five license suspension for a first OVI conviction. The Class Five suspension can last from six months to three years. You can apply for occupational driving privileges after a specified amount of time has passed after your arrest.
What is the best case scenario for first DUI? ›Best Case. If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.
What Can a DUI be reduced to in Ohio? ›In Ohio, DUI charges sometimes can be reduced to reckless driving charges. This could be one way to avoid jail time and fines associated with a DUI conviction.
Will a DUI show up on a background check in Ohio? ›Yes. DUIs and OVIs show up on our personal traffic record (kept and maintained by the government) forever. And if employers want or care to find them on their private background checks, they probably can.