Drinking and Driving Laws in Ohio
It is illegal in the State of Ohio to drive with a blood alcohol concentration (BAC) of .08 or above. The limit is lower for commercial drivers and drivers under the age of 21. In Ohio a DUI is called a OVI, meaning "Operating a Vehicle Intoxicated". The Ohio OVI law includes alcohol or drugs or both. While the OWI specify's a .08 BAC in the case of alcohol, it is illegal to drive with any amount of a controlled substance such as marijuana, cocaine, heroin, or meth present in the driver's blood.
How many drinks does it take to reach the legal limit in Ohio?
It is difficult to calculate how many drinks it takes to reach the .08 BAC OVI limit. There are many factors that contribute to an individuals BAC level including weight, sex, body-fat percentage and the time interval between drinks. Studies have show that a persons BAC could go up as much as .05 percent for each drink taken. There are charts and calculators that can help you calculate your BAC, however these tools do not take all variables into account when calculating your BAC. The fact is it takes very little alcohol to become legally drunk and each drink taken is a another step closer to becoming an "impaired" driver.
The best answer is not to drink and drive . The State of Ohio has strict laws for drunk driving, and when you drink and drive in Ohio, you risk your freedom, finances and your future.
Drunk Driving Laws in Ohio
State of Ohio BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher or ZERO Tolerance
Commercial Vehicle Driver with a BAC of .04 or higher.
Ohio Drunk Driving Fines & Penalties
First Drunk Driving Conviction
The first time you are arrested and convicted of drunk driving in Ohio, you will receive an Administrative License Suspension (ALS) 90 days. This ALS suspension is independent of your court ordered suspension that will be from 6 months to 3 years in duration. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory 72 hours in jail. You will also be ordered to pay a fine between $250 and $1,000.
Second Drunk Driving Conviction
The second OVI you receive in Ohio will cost you a 1 year ALS if it was within 6 years of your previous DUI. This ALS suspension is independent of your court ordered suspension that will be from 1 to 5 years. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory 10 days in jail. You will also be ordered to pay a fine between $350 and $1,500. The court may also place you in an alcohol treatment or driver intervention program at your own expense.
Third Drunk Driving Conviction
A 3rd drunk driving conviction in the State of Ohio and you will receive a 3 year administrative license suspension (ALS) if the conviction is within 6 years of the first. This ALS suspension is independent of your court ordered suspension that will be from 2 to 10 years. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory minimum 30 days in jail, or, if the court allows, electronically monitored house arrest. You will also be ordered to pay a fine between $500 and $2,500. The court will order you to an alcohol or drug treatment program at your own expense.
Fourth and Fifth Drunk Driving Convictions
All 4th and 5th drunk driving convictions in the State of Ohio will receive a 3 year administrative license suspension (ALS) if the conviction is within 6 years of the first. This ALS suspension is independent of your court ordered suspension that will be from 3 years to life. If your blood alcohol concentration (BAC) was between .08%-.17% you will serve a mandatory minimum 60 days in jail, or up to 1 year. In addition to this imprisonment, the court can charge 4th and future OVI's with having previous convictions which carries jail time up to 5 years. You will also be fined from $800-$10,000.
Sixth Drunk Driving Conviction
A 6th drunk driving convictions in the State of Ohio is considered a Felony and the convicted driver will face from 60 days to 5 years in Prison. The court suspension of the convicted driver's license will be from 3 years to life. The vehicle of the convicted driver will be subject to forfeiture by the State of Ohio and the driver will be placed in a treatment program determined by the court. There will also be a fine from $800-$10,000.
The Implied Consent Law in Ohio
The State of Ohio, like many states across the country has an implied consent law that affects all drivers on the roadways of Ohio. All drivers in the state agree to submit to a chemical test of their blood, breath or urine if an officer of the law suspects the driver of being under the influence of drugs, alcohol, or both. If you refuse to submit to such a test your drivers license will be immediately suspended and you will face a hearing in court. Unless there are special circumstances in your case you will have your drivers license suspended for 1 year for failing to submit to a field sobriety test. This is for the first refusal only, future refusals will result in longer suspensions and harsher penalties. Additional Information on Drunk Driving Laws, Penalties and Fines in Ohio
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