Ohio DUI law OverviewOhio DUI laws have recently been amended (again!). This makes Ohio’s DUI code the most frequently updated criminal code by far in the last 2 decades. The new Ohio amendments and general dui law are summarized below:In Ohio drunk driving offenses are commonly referred to with several different abbreviations including, OVI (Operating a Vehicle under the Influence), DUI (Driving Under the Influence) , or Ohio OMVI which stands for Operating a Motor Vehicle under the Influence. Again each state varies slightly in what they call the offense of drunk driving but generally they refer to the type of crime that is more broadly referred to as DUI or DWI.

Ohio DUI law is similar to other states in that when arrested for DUI (or OVI) you are charged with the drunk driving offense along with the per se law which makes it illegal to drive with a BAC (blood alcohol level) of .08% or greater.

Don’t confuse the 2. They are 2 seperate charges, the Ohio drunk driving charge of OVI falls under Ohio Revised Code 4511.19 and the ALS (Administrative License Suspension) charge is found in R.C. 4511.191.

The first Ohio DUI/OVI charge for drunk driving is limited to your ability to operate the vehicle safely. This means that the officer determined that you were impaired enough that you were unable to safely operate your motor vehicle.

The second charge, the ALS charge is more commonly referred to as the per se law which only means that you had a blood alcohol level (bac) of .08% or greater at the time you were operating the motor vehicle. It says nothing about your ability to operate the vehicle safely.

Here’s what you can expect for a 1st offense Ohio DUI (or a 1st Offense Ohio OVI):

• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail - Minimum of three consecutive days or 3-day driver intervention program;
• Fine - Minimum $200 and not more than $1,000;
• Court License Suspension - 6 months to 3 years.

2nd Offense Ohio DUI

• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine - Minimum $300 and not more than $1,500;
• Discretionary driver’s intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension - 1 year to 5 years.

3rd Offense Ohio DUI

• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail - Minimum 30 consecutive days to one year;
• Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine - Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension - 1 year to 10 years.

4th or More Ohio DUI Offense or Motor Vehicle Related Felony

• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail - Minimum of 60 consecutive days and up to one year in jail;
• Fine - Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension - 3 years to Permanent Revocation.

You are entitled to fight the ALS (administrative license suspension) by appealing the courts decision to suspend.

Appeal Process For an ALS (Administrative License Suspension)

The court must hold the administrative license suspension hearing within (5) days of the arrest. The appeal is heard at this initial appearance if requested. The scope of the appeal is confined to 4 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 issues 1-4 are proven by the defendant (or defendant’s counsel) if the court finds the person to be a threat to the general public’s safety.

This is the updated version to the Ohio DUI Law code and we will update it as DUI in law in Ohio continues to change.