In Ohio, it is illegal to operate a motor vehicle while impaired by alcohol, drugs or a combination of both. To do so is to operate a vehicle under the influence, which is called “OVI” in Ohio. This is the legal term for the more common phrase “DUI.” This is a serious offense under Ohio law and carries a mandatory jail term, stiff fines, and the loss of your right to drive.

DUI / OVI Laws in Ohio

Pursuant to Ohio Revised Code (ORC) 4511.19, it is unlawful to operate a vehicle while under the influence of alcohol, drugs or a combination of both. DUI / OVI can be charged “impaired” or “per se.” DUI / OVI “impaired” is charged when a person has a blood alcohol content (BAC) level below 0.08% or the person refuses to submit to a blood, breath or urine test (refusal to test, however, adds a second charge of DUI / OVI Refusal). DUI / OVI “per se” is charged when the person’s BAC is over 0.08%.

Penalties for DUI / OVI in Ohio

The penalties for a DUI / OVI in Ohio vary based on a number of factors, including:

• Whether the person has any previous DUI / OVI convictions;
• Whether the person complied with Ohio’s implied consent law in regard to submitting to a blood, breath or urine test;
• Whether there was an accident that occurred because of the intoxicated driver.

Here is a list of some of the potential penalties for DUI / OVI offenses in Ohio:

First DUI / OVI

• 1^st Degree Misdemeanor
• $375 – $1075 fine
• Mandatory 3 days in jail
• 6 months – 3 year driver’s license suspension
• May be required to attend a driver’s intervention program

Second DUI / OVI

• 1^st Degree Misdemeanor
• $525 – $1625 fine
• Mandatory 10 days in jail
• Mandatory drug and alcohol assessment by the court
• 1 – 5 year driver’s license suspension

Third DUI / OVI

• 1^st Degree Misdemeanor
• $850 – $2750 fine
• Mandatory 30 days in jail
• Mandatory drug and alcohol treatment program
• 2 – 10 year driver’s license suspension
• Criminal forfeiture of the vehicle

Felony DUI / OVI

• Occurs when a person has pled guilty or been convicted of at least 3 DUI / OVI’s within 6 years of the current charge, or 5 DUI / OVI convictions within 20 years of the current charge.
• 4^th Degree Felony
• $1350 – $10,500 fine
• Mandatory 60 days in jail
• 3 years – lifetime driver’s license suspension
• Mandatory drug and alcohol treatment program
• Criminal forfeiture of the vehicle

The sanctions described above are not the only penalties. A DUI / OVI conviction will result in higher car insurance rates, points on your driver’s license, a reinstatement fee, yellow license plates, an ignition interlock device, secure continuous remote alcohol monitoring (SCRAM), and negative effects on employment and professional licensing. Moreover, CDL driver’s may have their employment terminated or difficulty remaining in their chosen profession with a DUI / OVI conviction. Finally, repeat DUI / OVI offenders may be placed on the Habitual Offender Registry.

Administrative License Suspension (ALS)

Ohio’s Implied Consent Law mandates that a person must submit to blood, breath or urine testing if law enforcement suspects them of DUI / OVI. Refusing to submit to these tests will result in an immediate suspension of your right to drive. Consult Johnson Legal, LLC’s Administrative License Suspension (ALS) page for further information.

Defenses to DUI / OVI in Ohio

Countless defenses exists for DUI / OVI in Ohio. Common examples include the officer not having reasonable suspicion to stop your vehicle in the first place, the field sobriety tests not being administered in substantial compliance with the National Highway Traffic Safety Administration (NHTSA) manual, and the breath test not being administered properly or being tainted by failure to properly calibrate the machine.

DUI / OVI Attorney – Columbus and Delaware, Ohio

If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced DUI / OVI attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.

Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County and Delaware County