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What are OVI penalties in Ohio?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

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.

When to Talk to a Lawyer
  • Any OVI charge — always get an attorney
  • Accident with injuries
  • Prior OVI convictions
  • High-test or refusal case
Related Statutes & Laws
  • 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.