A Complete Guide to Ohio DUI/OVI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Ohio DUI/OVI Laws: From First Offense to Felony Charges

Introduction

Ohio refers to impaired driving as "Operating a Vehicle while Impaired" (OVI), though it is often colloquially known as DUI. Ohio's OVI laws are strict, with penalties increasing significantly based on prior convictions, Blood Alcohol Concentration (BAC) levels, and other aggravating factors. The state employs a "look-back" period to enhance penalties for repeat offenses. Enforcement is rigorous, involving both criminal penalties handed down by the courts and administrative sanctions imposed by the Ohio Bureau of Motor Vehicles (BMV).

It's important to note that Ohio House Bill 37 (HB37) became effective on April 9, 2025, bringing several significant changes to OVI laws, including increased minimum fines, reduced reinstatement fees, changes to driving privileges, and the authorization of oral fluid testing by police. The information provided below incorporates these recent changes.

The General Framework of Ohio OVI Laws

In Ohio, a person can be charged with OVI if they operate a vehicle while:

"Per Se" OVI: Having a BAC of $0.08%$ or more. This is a strict liability offense; no proof of actual impairment is needed.
- "High Tier" OVI: If your BAC is $0.17%$ or more, you face enhanced penalties, even for a first offense.
Impaired OVI: Being under the influence of alcohol, drugs of abuse, a controlled substance, or a combination of them, to the extent that it adversely affects and appreciably impairs their actions, reactions, or mental processes.
Specific Drug Concentration: Having a detectable amount of certain controlled substances (e.g., amphetamines, cocaine, heroin, marijuana metabolites) in their blood or urine above specified levels.

Special BAC Limits:

Commercial Vehicle Operators: A BAC of $0.04%$ or more.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more.

Implied Consent Law

Ohio's implied consent law (Ohio Revised Code Section 4511.192) states that by operating a motor vehicle on Ohio's public roads, you implicitly consent to a chemical test (blood, breath, or urine) if lawfully arrested for an OVI offense. Police are now also authorized to conduct oral fluid tests under HB37, and refusal of this test also triggers implied consent penalties.

Refusal to Test: Refusing a requested chemical test carries significant administrative license suspensions (ALS) imposed by the BMV, regardless of whether you are ultimately convicted of the OVI charge. Refusal can also be used as evidence against you in court.

First refusal: 1-year license suspension.
Second refusal (within 6 years): 2-year license suspension.
Third refusal (within 6 years): 3-year license suspension.
Fourth or subsequent refusal (within 6 years): 5-year license suspension.

These ALS periods are separate from and run concurrently with any court-ordered suspension if convicted of OVI.

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Ohio OVI Statistics

Ohio consistently faces challenges with impaired driving.

In 2023, 52% of fatal crashes in Ohio were OVI-related. There were 1,152 total traffic fatalities. Franklin County, Cuyahoga County, and Hamilton County had the highest number of fatal crashes.
In 2024 (provisional data as of Feb 13, 2025), the Ohio State Highway Patrol (OSHP) made 14,636 OVI arrests. This was a 4% decrease from 2023. OSHP also made 3,279 drug-impaired OVI arrests in 2024.
Overall traffic fatalities in Ohio decreased by 7% from 2023 to 2024.

These statistics highlight the ongoing efforts by law enforcement to address impaired driving and the significant impact it continues to have on road safety.

Penalties for OVI in Ohio (Effective April 9, 2025)

Ohio's OVI penalties are complex, with mandatory minimum sentences. Ohio uses a 10-year "look-back" period for most OVI offenses to determine if they are repeat offenses. However, if there was a refusal to test, a 20-year look-back for prior OVI convictions is used to enhance penalties. A prior felony OVI means any subsequent OVI is treated as a felony regardless of timeframe. OVI convictions cannot be expunged or sealed in Ohio.

First Offense OVI (Misdemeanor)

BAC less than $0.17%$ (Low Level):
- Jail Time: 3 days (can be served in jail or a Driver Intervention Program - DIP). May be avoided with an IID.
- Fines: $565 - $1,075.
- License Suspension: 1 to 3 years.
  - Driving Privileges: No driving privileges during the first 15 days (30 days if a refusal). A court may waive the 15 days if no prior "physical control" conviction and test was taken. If there was a prior "physical control" conviction within 10 years, no driving privileges for 45 days (90 days if refusal), and IID is mandatory.
- License Reinstatement Fee: $315.
- Points: 6 points assessed to driving record.
- Probation: Up to 5 years.
- Ignition Interlock Device (IID): Optional, but may become mandatory if court waives "hard time" suspension or with prior physical control conviction.
- Restricted Plates ("Party Plates"): Optional.
- Alcohol Assessment/Treatment: Optional.
BAC $0.17%$ or greater (High Level) or Refusal with prior OVI conviction within 20 years:
- Jail Time: 6 days (3 days DIP + 3 days jail).
- Fines: $565 - $1,075.
- License Suspension: 1 to 3 years.
- Driving Privileges: No driving privileges during first 15 days (30 if a refusal). Waiver conditions apply as above.
- License Reinstatement Fee: $315.
- Points: 6 points assessed to driving record.
- Probation: Up to 5 years.
- IID: Optional, but becomes mandatory with prior physical control conviction.
- Restricted Plates: Optional.
- Alcohol Assessment/Treatment: Optional.

Second Offense OVI (within 10 years - Misdemeanor)

Jail Time: 10 days to 6 months (minimum 10 days jail or 5 days jail + 18 days house arrest with electronic or alcohol monitoring).
Fines: $715 - $1,625.
License Suspension: 1 to 7 years.
- Driving Privileges: No driving privileges during first 45 days (90 days if a refusal).
License Reinstatement Fee: $315.
Mandatory IID: Required for license reinstatement.
Mandatory Alcohol/Drug Assessment and Treatment.
Vehicle Immobilization: 90 days.
Restricted Plates: Optional (but often imposed).
Probation: Up to 5 years.

Third Offense OVI (within 10 years - Misdemeanor)

Jail Time: 30 days to 1 year (minimum 30 days jail or 15 days jail + 55 days house arrest/monitoring).
Fines: $1,040 - $2,750.
License Suspension: 2 to 12 years.
- Driving Privileges: No driving privileges during first 6 months (1 year if a refusal).
License Reinstatement Fee: $315.
Mandatory IID: Required for license reinstatement.
Mandatory Alcohol/Drug Assessment and Treatment.
Vehicle Forfeiture: Mandatory.
Restricted Plates: Mandatory.
Probation: Up to 5 years.

Fourth or Fifth Offense OVI (within 10 years) OR Sixth or Subsequent OVI (within 20 years) (Felony)

Class F Felony:
- Prison Time: Mandatory 60 days to 1 year.
- Fines: $1,350 - $10,500.
- License Suspension: 3 years to lifetime.
- Mandatory IID.
- Mandatory Alcohol/Drug Assessment and Treatment.
- Restricted Plates: Mandatory.
- Vehicle Forfeiture: Mandatory.
- Felony Criminal Record: Permanent.

Other Significant Penalties:

Underage OVI (BAC $0.02%$ to $0.08%$ ): Fourth-degree misdemeanor, up to 30 days jail, max $250 fine, 3 months to 2 years license suspension. If BAC is $0.08%$ or higher, adult OVI penalties apply.
Child Endangerment (OVI with a Minor): If operating an OVI with a child under 18 in the vehicle, additional penalties apply, including potential felony charges if the OVI causes serious harm to the child.
Vehicular Homicide/Assault (Felony): If an OVI causes death or serious bodily injury, it becomes a severe felony offense (Aggravated Vehicular Homicide or Aggravated Vehicular Assault), with lengthy prison sentences, substantial fines, and long-term or permanent license suspension/revocation. HB37 established a new penalty system for Aggravated Vehicular Homicide.
Driving Under OVI Suspension: Driving while your license is suspended for a prior OVI carries separate criminal charges and mandatory jail time.
"Party Plates" (Restricted Plates): Special yellow and red license plates are often required, visually identifying the vehicle as being owned by an OVI offender.
Secure Continuous Remote Alcohol Monitoring (SCRAM): Courts may order SCRAM or other electronic monitoring.
Probation/Community Control: Up to 5 years, with various conditions.
Collateral Consequences: OVI convictions can lead to substantial increases in auto insurance premiums (often requiring SR-22 filing), difficulty with employment, professional license issues, and restrictions on travel (e.g., entry into Canada). As OVI convictions cannot be expunged, they remain permanently on your criminal record.

Conclusion

Ohio's OVI laws are extensive and stern, with mandatory minimum sentences designed to impose significant consequences on impaired drivers. The recent changes from HB37 underscore the state's continued efforts to strengthen these laws. The tiered penalty system, the emphasis on high BAC levels, the strict implied consent law (including oral fluid testing), and the severe penalties for repeat offenses (including mandatory prison time and vehicle forfeiture for felony OVI) highlight Ohio's strong stance against impaired driving. Understanding these complex regulations, especially the look-back periods, the implications of aggravating factors, and the mandatory nature of IID use and treatment programs, is crucial for any driver in the state. For anyone facing an OVI charge in Ohio, immediate consultation with an experienced Ohio OVI defense attorney is strongly advised to navigate the complexities of the legal system and protect your rights and future.

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