What are OVI penalties in Ohio?
Ohio's drunk driving statute is R.C. § 4511.19, which the state calls OVI — Operating a Vehicle under the Influence.
1. BAC Limits — .08% for drivers 21+, .17% high-test threshold triggers enhanced penalties, .04% for commercial drivers, .02% for drivers under 21.
2. First Offense (low test, .08-.169) — First-degree misdemeanor: 3 days to 6 months jail (or 3-day Driver Intervention Program in lieu), $375-$1,075 fine, 1-3 year license suspension (with limited driving privileges after 15 days), and 'restricted plates' (yellow plates).
3. First Offense (high test, .17+ or refusal) — Same misdemeanor class but mandatory minimum 6 days jail (or 3 days plus 3-day DIP), and yellow plates plus mandatory IID for limited driving privileges.
4. Second Offense within 10 years — First-degree misdemeanor: 10-180 days jail (20 days mandatory for high test), $525-$1,625 fine, 1-7 year license suspension, mandatory IID, yellow plates, vehicle immobilization 90 days.
5. Third Offense within 10 years — First-degree misdemeanor: 30 days to 1 year jail (60 days mandatory for high test), $850-$2,750 fine, 2-12 year license suspension, vehicle forfeiture possible.
6. Fourth or Fifth Offense within 10 years (or 6+ in 20 years) — Fourth-degree felony: 60 days to 30 months prison (120 days mandatory for high test), $1,350-$10,500 fine, lifetime license suspension possible, mandatory vehicle forfeiture.
7. Implied Consent (R.C. § 4511.191) — Refusing chemical test triggers an Administrative License Suspension (ALS): 1 year for first refusal, 2 years for second, 3 years for third, 5 years for fourth+.
8. Aggravating Factors — Child passenger under 18 in vehicle is a separate child-endangerment charge; high BAC of .17+ doubles the mandatory minimum jail time.
This is legal information, not legal advice.
- Any OVI charge — always get an attorney
- Accident with injuries
- Prior OVI convictions
- High-test or refusal case
- Ohio Rev. Code § 4511.19
- Ohio Rev. Code § 4511.191
- Ohio Rev. Code § 4511.193
- Ohio Rev. Code § 4510.13
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.