DUI & DWI in Ohio

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Ohio, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Ohio automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year to 5 years. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

In Ohio, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are grouped under the umbrella heading of “Operating a Vehicle under the Influence” (OVI).

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

If you are over 21 years old:

• Imprisonment for 3 days and/or a fine between $200 and $1,000. Additionally, if convicted for a first offense BAC or DWI (BAC over 0.08%):
• Your license will be suspended (Administrative License Suspension) for 1 year for refusing to take the test.
• You may have to take the 3-day driver intervention program.
• You may face Court License Suspension for 6 months up to 3 years.
• 4 points will be added to your license.
• You’ll have to pay a license reinstatement fee of $475.

• Imprisonment for 10 days to 1 year and/or a fine from $300 to $1,500. Additionally, if convicted for the second offense of DWI, DUID or BAC:
• Your license will be revoked for 2 years for refusing to take the test.
• You may face 18 days to 6 months of electronically monitored house arrest.
• You will have to attend a discretionary driver intervention program.
• You could face vehicle immobilization for 90 days.
• You may face Court License Suspension for a minimum of 1 year to a maximum of 5 years.
• 6 points will be added to your license.
• You’ll have to pay a license reinstatement fee of $475.

• Imprisonment for up to 1 year and/or a fine between $500 and $2,500. Additionally, if convicted for the third offense of DWI, DUID or BAC:
• Your license will be revoked for 1 year for refusing to take the test.
• You could face 15 days imprisonment or a minimum of 55 consecutive days of electronically monitored house arrest.
• You will have to pay for and attend an alcohol treatment program.
• You may face vehicle immobilization for 180 days.
• You may face Court License Suspension for a minimum of 1 year to a maximum of 10 years.
• 8 points will be added to your license.
• You’ll have to pay a license reinstatement fee of $475.

• The fourth offense is treated as a Motor Vehicle Related Felony and may result in imprisonment for up to 1 year and/or a fine between $750 and $10,000. Additionally, if convicted for the fourth offense of DWI, DUID or BAC:
• Your license will be revoked for 5 years for refusing to take the test.
• You will have to pay for and attend an alcohol treatment program.
• The Court may impose vehicle forfeiture.
• You may face Court License Suspension for a minimum of 3 year to permanent revocation.
• 10 points will be added to your license.
• You’ll have to pay a license reinstatement fee of $475.

• As soon as you total 5 convictions or more for OVI (or equivalent) within 20 years, you’ll be listed on the Habitual OVI Registry.
• Being on this list allows the public to see your name, date of birth, home address, and your OVI convictions. Your information remains on this list until you no longer have 5 convictions for OVI within the past 20 years.

• If you are under 18 years of age and are convicted of alcohol related violations while holding a temporary permit or a probationary license, you could face suspension for about 6 months.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/ DWI.

• You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04% or under the influence of a controlled substance for the first time. You could face the same penalty if you refuse to take the blood, breath or urine test or are found using the commercial vehicle in the commission of a felony. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

According to the Ohio DUI law an officer may arrest a driver if:

• The driver is aged 21 and above and is driving with BAC 0.08% or more.
• The driver is aged below 21 and is driving with BAC 0.02% or more.

The driver can schedule an administrative hearing within 5 days of the arrest. It is a good idea to consult a DUI/DWI lawyer beforehand. The court can order vehicle immobilization and impound license plates for 30 days for first offense driving under DUI suspension, 60 days for second offense and forfeiture for a third offense. The same is the case when driving under suspension without insurance. You could also face a penalty for driving under FRA suspension, 30 days for a first offense, 60 days for a second offense, forfeiture for a third offense.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the BMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must pay the appropriate fee (see here), provide required Proof of Identity and maintain proof of financial responsibility by filing SR-22, if required.
• If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.

You can regain your license when it is time by paying a fine of $475 and by showing proof of financial responsibility. You can submit the reinstatement application and fees in person at any of the Regional Service Centers that collects reinstatement fees.