Ohio DUI / OVI Law

What is OVI? Is OVI different than a DUI?

When a person is driving while intoxicated or under the influence of alcohol or drugs in Ohio, they can be arrested for operating a vehicle impaired (OVI). An OVI means the same thing as a DUI, DWI, and OMVI because they all target the same types of behavior. However, these other terms became outdated over time, leaving OVI as the official term for this type of offense in Ohio.

In Ohio, it is illegal to operate a vehicle while impaired. The law is referred to as “OVI”, although it is often used synonymously with “DUI”. Ohio’s impaired driving law is prescribed by Of the 818 traffic fatalities on Ohio highways in a recent year, 391 of them involved a driver who was over the legal limit for alcohol. In 276 of those deaths, the driver had a Blood Alcohol Content (BAC) of more than twice the legal limit.

Why do they call in an OVI and not a DUI?

It’s true, people more commonly recognize other terms for the impaired driving laws. You may have heard people refer to these types of laws or violations as “Driving Under the Influence” (DUI) or “Driving While Intoxicated” (DWI). However, Ohio lawmakers and state prosecutors stopped using these terms somewhere around 1982. After that, Ohio chose to recognize a new term – OMVI. OMVI stood for “Operating a Motor Vehicle Impaired” .

Finally, Ohio then decided that a vehicle need not be motorized for it to present a danger when the operator is under the influence, and so the “M” was removed. This is how the Ohio General Assembly came to adopt the term OVI in 2005.

Although these abbreviations all amount to the same behavior, the differences lie in subtleties of the law – particularly those related to what the prosecutor would have to prove to make their case against the accused. Because OVI stands for Operating a Vehicle Impaired, it asserts that a person need not be driving and that they need not be operating a “motor” vehicle to be found guilty of this offense.

Ohio’s Legal Limit:

Generally, Ohio provides two standards for operating a vehicle impaired:

(A) driving while under the influence of alcohol, a drug of abuse, or a combination of the two; and

(B) driving with a Blood Alcohol Level of .08 or greater.

In court, both the chemical test that demonstrates the BAC level and officer testimony about the driver’s performance in field sobriety tests are admissible to establish these standards.

Ohio DUI Penalties:

First Offense:

Misdemeanor of the First Degree
$250 – $1,000 Fine
Mandatory minimum of three days (72 hours) in jail. There is a maximum potential jail sentence of 6 (180 days) months.
- However, this may be suspended if the court decides that a three day Driver Intervention Program would be more beneficial to the individual
License Suspension for 1 to 3 years.

Second Offense in 10 Years:

Misdemeanor of the First Degree
$350 – $1,500 Fine
Mandatory minimum of 10 days in jail. Maximum of 6 months.
- The minimum term may be sentenced as a mixture of jail time and (1) electronic home monitoring, or (2) alcohol monitoring, or (3) both.
The court may also require a Driver Intervention Program
License Suspension for 1 – 5 years
The Court will also impound or immobilize the driver’s car for a period of 90 days.

Third and Subsequent Offenses in 10 Years:

Minimum 30 day jail time. One year maximum.
- At the court’s discretion, a mixture of jail time and (1) electronic home monitoring, or (2) alcohol monitoring, or (3) both may be imposed.
License Suspension for 2 – 10 years.
$550 – $2,500 Fine.
A third offense may result in the criminal forfeiture of the vehicle. Under this statute, if the driver is the sole owner/operator of the vehicle, the court has discretion to allow the state to repossess the vehicle.

Three or Four Violations in 6 Years & Five or More Violations within 20 Years:

Fourth Degree Felony
The court may impose a sentence of either
1 – 5 years in prison
60 days – 1 year in jail, followed by a period of house arrest and electronic monitoring
$800 – $10,000 Fine.
License Suspension for 3 years – Life
This results in a criminal forfeiture of the vehicle. Under this statute, if the driver is the sole owner/operator of the vehicle, the court has discretion to allow the state to repossess the vehicle.
The Court may also require participation in an Alcohol and Drug Addiction Program.

Under Age DUI (Under 21 yrs. old)

If you are under 21 and are arrested for driving with a Blood Alcohol Concentration of .08 or over, the adult prosecution standards apply.

If you are under 21 and are arrested for driving with a Blood Alcohol Concentration of between .02 and .08, the following penalties apply:

First Offense Underage DUI:

Fourth Degree Misdemeanor
License suspension for 3 months – 2 years

Second Offense Underage DUI:

Third Degree Misdemeanor
License suspension for 1 – 5 years

By driving on Ohio highways, you have given your implied consent to chemical testing for Blood Alcohol Concentration. You can always refuse the testing, but the following penalties will apply in addition to any other criminal penalties:

First refusal: 1 year license suspension
Second refusal in 6 years: 2 year license suspension
Third refusal in 6 years: 3 year license suspension
Fourth and subsequent refusal in 6 years: 5 year license suspension

Call DUI Attorney, Bruce W. Boerst Jr. Today!

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