OHIO OVI

Blood Alcohol Level (BAC) for Operating a Vehicle While Intoxicated (OVI) in Ohio:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .17% or above

Implied Consent and Chemical Test Refusal: Your license will be suspended for one year if you violate Ohio's Implied Consent Law. Ohio's Implied Consent Law provides that if you are driving in Ohio you have implicitly agreed to take a chemical test to ascertain your BAC if the police officer who pulls you over has reason to believe that you have been drinking alcohol or taking drugs. The officer may complete this BAC test by taking a urine, breath, or blood test. Conviction of an OVI can have a major impact on the rest of your life. Because of this potential impact, you should contact an OVI defense lawyer to ensure that you put forth the best possible defense.

Ohio OVI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First OVI Conviction: 6 months to 3 years. On top of this suspension your will receive an Administrative License Suspension (ALS) of 90 days.
  • Second OVI Conviction: 1 to 5 years. You may also have to complete a Driver Intervention Program.
• Monetary Fines:
  • First OVI Conviction: Between $250 and $1,000.
  • Second OVI Conviction: Between $350 and $1,500.
• Community Service: The court may order community service instead of other penalties.
• Probation: Yes. You may be electronically monitored at your home for between 18 days to 6 months.
• Motor Vehicle Impoundment: Yes, after your second OVI for 90 days. You will have to pay a $100 immobilization fee when you retrieve your vehicle.
• Ignition Interlock: At the court's discretion for your first and second OVIs. After your third OVI, installation of an ignition interlock device is mandatory in Ohio.
• Prison Time:
  • First OVI: 3 days minimum and up to 6 months. However, if your BAC was .17% of above, you will spend a mandatory 6 days in prison.
  • Second OVI: 10 days minimum, but up to 20 days if your BAC was .17% or above.

Ohio OVI Arrest - Criminal Charges Because of the criminal nature of some OVI charges, get in touch with an Ohio criminal attorney who specializes in defending against OVI charges.

Potential Criminal Consequences: Your first OVI conviction constitutes a Misdemeanor of the First Degree. You second OVI conviction in six years can also be charged as a Misdemeanor of the First Degree.

Reinstating Your License After Ohio OVI Conviction: Pay a $475 reinstatement fee to reinstate your driver's license after an OVI. Next, present proof of liability insurance. If you do not file proof of insurance with the Ohio Bureau of Motor Vehicles (BMV), your license will not be reinstated. You can show proof of insurance by presenting a copy of the declaration page of your liability insurance policy, a financial responsibility ID card issued by your insurance carrier, or a liability bond.

Effect of Ohio OVI on Car Insurance: After an OVI, your insurance company will have to file high risk insurance, or an SR-22/Bond with the Ohio Bureau of Motor Vehicles (BMV). In order to file the SR-22 with the BMV, you must first get in touch with an insurance carrier and apply for a SR-22 policy. You should expect liability insurance to become more costly after you have been convicted of an OVI.

Effect of Ohio OVI on Driving Record: An Ohio OVI conviction remains on your driving record permanently.

Under 21 and Ohio OVI: Having a BAC of .02% or higher while being under 21 and driving is a violation of Ohio's Zero Tolerance Law. If you violate this law you will have to pay fees determined by the court, and you may have your driver's license suspended. Additionally, you will have to pay a $40 license reinstatement fee, demonstrate that you have liability insurance, and retake your driver's test.

Ohio OVI Resources

Driver's License Reinstatement Requirements

http://www.publicsafety.ohio.gov/links/BMV2401.pdf

Ohio Bureau of Motor Vehicles

http://www.bmv.ohio.gov/