Ohio uses the term OVI, or operating a vehicle while under the influence, which is the same as the more commonly used term, DUI, known as driving under the influence. Under Ohio OVI laws, the charge of OVI may also be used in cases in which a driver is alleged to be driving under the influence of other controlled substances such as prescription medications, marijuana, stimulants or hallucinogens.
According to Ohio OVI laws, you can be taken into custody if you have a blood alcohol content (BAC) of .08 percent and above. If you are under the age of 21, a BAC of .02 percent will result in OVI charges. As in many other states, a commercial driver can be charged with OVI for a BAC of .04 percent and up.
Implied Consent in Ohio
Ohio has an implied consent law, which means that a person who refuses to submit to a chemical test will be subject to an automatic suspension of his or her license and a fine. If a police officer has reason to believe a person has been driving or is in physical control of a vehicle while under the influence, the officer may ask the person to submit to either a chemical test of the person’s breath, urine or blood.
If the case is likely a misdemeanor OVI for alcohol impairment, the officer will ask the individual to submit to a breath test. If the person is unresponsive, unconscious or appears incapable of refusing a test, the person is assumed to have consented to a chemical test.
It may be possible to plead guilty to a “wet reckless” charge, otherwise known as reckless driving involving alcohol. This is generally the result of a plea agreement. A plea bargain might be arranged when the individual’s BAC is borderline, there has not been an accident and the defendant has no prior OVI convictions. However, if there is a subsequent OVI conviction, the earlier wet reckless will likely be considered a prior OVI conviction. This might increase the penalties for the newer conviction. An individual who is considering a plea bargain for a lesser charge will require the assistance of a lawyer to make arrangements for the plea deal.
OVI Penalties in Ohio
A first OVI conviction may result in a sentence of three days up to six months, a three-day driver intervention program, license suspension between six months to three years, a reinstatement fee of $450 and a fine between $250 and $1,000.
A second conviction for OVI may result in a minimum 10-day jail sentence, electronic home monitoring of 18 days up to six months, fine from $350 to $1,500, license suspension of one to five years, a reinstatement fee of $450, a 90-day vehicle immobilization and a driver intervention program. If your BAC was .17 or more, you may receive a 20-day jail sentence.
Ohio OVI laws include an ignition interlock law, in which judges may require someone convicted of OVI to install an ignition interlock device in his or her car. In addition, all states are encouraged by the federal government to adopt repeat offender and open container laws that meet specific requirements. The state of Ohio does meet federal specifications for open container laws but not for repeat offender laws.
Some states also have alcohol exclusion laws that will allow insurance companies to deny claims for the treatment of a drunk driver’s injuries. Ohio currently has an alcohol exclusion law in effect.