Everything You Need to Know About OVI Charges in Ohio

Facing charges for Operating a Vehicle under the Influence (OVI) can carry serious, life-altering consequences and penalties. At Hiltner Trial Lawyers, our Ohio-based criminal defense attorneys understand the complexities of these cases. We know how to build an effective defense against OVI charges, whether it’s for first-time or repeat offenders.

This blog provides important information and terms to help you better understand OVI law in Ohio, and what can happen if you find yourself faced with these charges.

An OVI charge stands for “operating a vehicle under the influence.” If a person age 21 or older is behind the wheel and has a blood alcohol level (BAC) of 0.08 or more, they can be charged with OVI. Under Ohio law, anyone under the legal drinking age of 21 can be convicted of OVI for driving with a blood alcohol level of 0.02 or more.

In addition to BAC, Ohio law states you can also be charged with OVI if you get behind the wheel under any of the following conditions:

• Your urine alcohol concentration is .110 or more
• You have a certain amount of marijuana, LSD, cocaine, heroin, amphetamine, methamphetamine or PCP in your system.
• You are “under the influence” of alcohol, drugs or a combination of both.

The acronym “OVI” means the same thing as Driving Under the Influence (DUI) in other states. This can often cause confusion about the terminology. Ohio changed the statue to OVI in 2005 to more accurately reflect the scope of the offense.

A DUI applies to those operating a vehicle while under the influence of drugs or alcohol. Most of these offenses are charged when a driver’s BAC is 0.08 or higher. Some states may charge drivers with lower BAC levels if they are under the legal drinking age. 

A DWI, or Driving While Impaired or Intoxicated, means essentially the same thing as DUI. A DWI charge usually refers to cases where a driver is impaired by recreational or prescribed drugs, as opposed to alcohol. 

Unlike a DUI, a person can be charged with OVI in Ohio even if they are not actually driving the vehicle. Under Ohio law, the charge applies to those who are sitting in a parked or idling car and are determined to be impaired.

If you’re pulled over for OVI in Ohio, knowing your rights is crucial to protecting yourself throughout the legal process.

According to Ohio’s implied consent law, all drivers who are lawfully arrested for OVI are deemed to have consented to chemical testing for sobriety, whether it’s a blood test, breath test or a urine test. Refusing to submit to these tests can result in your license being suspended immediately.

However, refusing the test can typically make your case more defensible, since there isn’t a specific number the state can use to prove intoxication. Additionally, an experienced criminal defense attorney in Ohio can often help you get driving privileges to most places you need to travel within 30 days of your arrest.

The ramifications of an OVI charge depend on several factors and are split between two categories; license-related consequences and criminal penalties. If you are charged with OVI, you should contact a criminal defense attorney as soon as possible.

In Ohio, your driver’s license could be suspended or revoked. The amount of time your license is suspended will depend on whether you’ve had previous OVI charges. For first-time offenses a license suspension can range from 1-3 years; second offenses 1-7 years; third offenses 2-10 years.

Like license-related consequences, criminal penalties for an OVI charge will vary depending on whether it’s your first, second or third offense. With each subsequent offense, the severity of penalties intensifies.

• First offense: For a first offense OVI with a blood alcohol level of .08-.17, you could be facing a maximum of 6 months in jail, minimum of 3 days in jail or a 3-day Drivers Intervention Program, up to 5 years of probation, a fine between $375-$1,075 and a license suspension. If your BAC is above .17, you could face double the minimum jail time.
• Second offense: A second-offense OVI carries the potential penalty of up to 6 months in jail, a minimum of 10 days in jail or 5 days in jail and 18 days of house arrest with electronic monitoring, up to 5 years probation, a fine between $525-$1,625, mandatory alcohol/drug assessment and recommended treatment, and a suspended license.
• Third offense: A third-offense OVI could result in up to 1 year in jail, minimum 30 days in jail or 15 days in jail and 55 days of house arrest with electronic monitoring, up to 5 years probation, a fine between $850-$2,750, mandatory alcohol/drug assessment and recommended treatment, plus a suspended license. 

A fourth OVI or subsequent conviction is considered a felony in Ohio, carrying the potential for permanent license loss plus increased fines up to $10,500 and other penalties. Once you’re convicted of a felony OVI, all subsequent OVI convictions will also be considered felonies.

There are three commonly used strategies when fighting OVI charges in Ohio, including challenging the traffic stop, challenging the field sobriety test or challenging the breathalyzer test. (link)

Your defense lawyer will be the best source for information regarding defense strategies in the event of an OVI charge.

If you’ve been pulled over for an OVI, the most important thing you can do is contact an experienced OVI defense attorney immediately.

At Hiltner Trial Lawyers, we have a proven track record of effectively representing individuals charged with OVI. Our team knows the complexities of Ohio OVI law and will use that knowledge to build your defense.