OVI laws in Ohio specify that a motorist will be arrested if they are found to have a blood alcohol content (BAC) level of .08 percent while operating a vehicle. The limit for both commercial vehicle drivers and people under age is lower. Commercial vehicle drivers can only have a BAC of .04 percent to be arrested and minors might only have a BAC of .02 percent. However, when it comes to drugs such as marijuana, cocaine, or any other controlled substance, any amount of consumption is enough to lead to an OVI charge. In Ohio, a motorist can get charged with OVI without even driving. “Operating” a vehicle doesn’t necessarily mean driving it on the roadway. It just means that a person is in control of a vehicle, even if it is parked and the keys are not in the ignition. The word “vehicle” is also used loosely to describe any device that is powered by a force other than human power, such as a motorcycle, ATV, snowmobile, boa,t, or plane.
Penalties for OVI offenders in Ohio
Motorists who are charged with OVI in Ohio may suffer any of the following punishments or a combination of penalties. Punishments will be higher (sometimes double) if a motorist is driving with a BAC level above .17 percent, which is known as excessive OVI.
1st OVI Conviction
• Imprisonment from 3 days to 6 months or Driver Intervention Program for 3 days
• Imprisonment for 6 days minimum if BAC above .17 percent
• Driver’s license suspended from 6 months to 3 years
• License reinstatement fee of $450
• Financial penalty from $250 to $1,000
2nd OVI Conviction
• Imprisonment for a minimum of 10 days and electronic home monitoring from 18 days to 6 months
• Imprisonment for 20 days should BAC be above .17 percent
• Driver’s operating license suspended from 1 to 5 years
• License reinstatement fee of $450
• Fine from $350 to $1,500
• Vehicle immobilized for 90 days
• Must undergo Driver Intervention Program
3rd OVI Conviction
• Imprisonment of 30 days to 1 year or 15 days with electronic home monitoring from 55 days to 1 year
• Imprisonment for 60 days should BAC above .17 percent
• Driver’s license suspended from 1 to 10 years
• License reinstatement fee of $450
• Fine from $350 to $1,500
• Vehicle immobilized for 180 days
• Mandatory drug/alcohol treatment program
4th OVI Conviction
• Considered a felony offense
• Imprisonment from 60 days to 1 year
• Driver’s license suspended for a minimum of 3 years to indefinitely
• License reinstatement fee of $450
• Fine from $800 to $10,000
• Mandatory vehicle forfeiture
• Mandatory drug/alcohol treatment program
Ohio Implied Consent Law
The implied consent law in Ohio states that all motorists driving on an Ohio roadway will accept to submit to an alchemical test providing their blood, urine, or breath to decide the level of intoxication if an officer believes the motorist to be operating a vehicle while intoxicated. If a motorist refuses to be tested, they will have their driver’s license accordingly suspended until a judicial hearing date is established. Usually, suspects have their license revoked for 1 year for the 1st refusal. Subsequent refusals garnish higher penalties.
Getting Help from an Ohio OVI Lawyer
If you have been suspected of OVI, hire a skilled OVI defense lawyer in Ohio to help you contest your charges. In Ohio, you do not have to even take a chemical test in order to be convicted of OVI. If an officer deems you to be sufficiently impaired by drug or alcohol consumption, this can be enough to have you convicted of OVI. But don’t worry, because when you have an elite Ohio OVI attorney working on your case, your charges will either be drastically lowered or abolished altogether.
Your OVI lawyer in Ohio will not quit until your situation concludes with the optimum feasible conclusion. The attorneys understand that in many occurrences, people are charged with OVI unfairly and will not permit you to torture penalties for an offense you did not perpetrate or for which there is inadequate evidence that you are guilty of. In Ohio, a motorist can only be convicted if their guilt is proven beyond a reasonable doubt. Turn to an acclaimed team of Ohio OVI attorneys now to get going on your case and fight for your legal rights.
