DUI Laws in Ohio
The legal BAC limit in Ohio, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 0.08 breath/blood alcohol for drivers generally. For drivers under 21, it is a separate offense to drive with at least 0.02 but less than 0.08. Ohio Rev. Code § 4511.19(A)(1), (B)
| Legal BAC limit | 0.08 breath/blood alcohol for drivers generally. For drivers under 21, it is a separate offense to drive with at least 0.02 but less than 0.08. The commercial driver limit is in a separate statute that was not read. |
|---|---|
| First-offense DUI penalties | A first OVI (operating a vehicle impaired) is a first-degree misdemeanor. Penalties: a mandatory three consecutive days in jail (the court may substitute a three-day drivers' intervention program; high-concentration cases and certain refusal cases require jail plus the program or at least six days), with total jail not over six months; a fine of $565 to $1,075; and a license suspension of one to three years. The court may grant limited driving privileges, or unlimited privileges with an ignition interlock device. |
| When a DUI is a felony | OVI becomes a fourth-degree felony in Ohio when the offender has three or four prior OVI (or equivalent) convictions within 10 years, five or more within 20 years, or a prior repeat-OVI-offender specification. Anyone who already has a felony OVI conviction is guilty of a third-degree felony for any later OVI, no matter how long ago the earlier felony was. Felony OVI carries mandatory prison or local incarceration terms set out in the statute. Source: R.C. 4511.19(G)(1)(d)-(e) |
| Refusing a breath test | If a person arrested for OVI refuses the chemical test, the BMV imposes an administrative suspension. With no prior refusals or OVI convictions in the past ten years, it is a class C suspension (one year). Longer suspensions apply with prior refusals or convictions in the past ten years. |
| DUI lookback period | Ten years. A second OVI within ten years is a first-degree misdemeanor with higher mandatory penalties; three or four prior OVIs within ten years (or five or more within twenty years) makes the offense a felony. |
| How long a DUI stays on your record | OVI convictions cannot be sealed in Ohio. The sealing statute excludes convictions under the traffic chapters of the Revised Code (Chapters 4506, 4507, 4510, 4511 and 4549), which include OVI. The Ohio BMV's standard driving record abstract is a 3-year record of moving-violation convictions, crash reports and actions that led to license suspensions or revocations. For felony OVI, prior offenses count if they fall within 10 or 20 years. BMV abstract page: https://bmv.ohio.gov/more-record-types.aspx |
| Hardship or restricted license | For an OVI suspension, the court may grant limited driving privileges under Ohio Rev. Code §§ 4510.021 and 4510.13, and for a first-time offender may grant unlimited driving privileges with an ignition interlock device. Availability of limited privileges during a 12-point suspension was not confirmed. |
Where to get help in Ohio
More Ohio traffic tickets & dui
- Reinstating a Driver's License in Ohio
- How Driver Points Work in Ohio
- Paying or Contesting a Traffic Ticket in Ohio
- All Ohio traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in Ohio?
0.08 breath/blood alcohol for drivers generally. For drivers under 21, it is a separate offense to drive with at least 0.02 but less than 0.08.
What is the penalty for a first DUI in Ohio?
A first OVI (operating a vehicle impaired) is a first-degree misdemeanor. Penalties: a mandatory three consecutive days in jail (the court may substitute a three-day drivers' intervention program; high-concentration cases and certain refusal cases require jail plus the program or at least six days), with total jail not over six months; a fine of $565 to $1,075; and a license suspension of one to three years. The court may grant limited driving privileges, or unlimited privileges with an ignition interlock device.
Is a DUI a felony in Ohio?
OVI becomes a fourth-degree felony in Ohio when the offender has three or four prior OVI (or equivalent) convictions within 10 years, five or more within 20 years, or a prior repeat-OVI-offender specification. Anyone who already has a felony OVI conviction is guilty of a third-degree felony for any later OVI, no matter how long ago the earlier felony was. Felony OVI carries mandatory prison or local incarceration terms set out in the statute.
What happens if you refuse a breathalyzer in Ohio?
If a person arrested for OVI refuses the chemical test, the BMV imposes an administrative suspension. With no prior refusals or OVI convictions in the past ten years, it is a class C suspension (one year). Longer suspensions apply with prior refusals or convictions in the past ten years.
How long does a DUI count as a prior offense in Ohio?
Ten years. A second OVI within ten years is a first-degree misdemeanor with higher mandatory penalties; three or four prior OVIs within ten years (or five or more within twenty years) makes the offense a felony.
How long does a DUI stay on your record in Ohio?
OVI convictions cannot be sealed in Ohio. The sealing statute excludes convictions under the traffic chapters of the Revised Code (Chapters 4506, 4507, 4510, 4511 and 4549), which include OVI. The Ohio BMV's standard driving record abstract is a 3-year record of moving-violation convictions, crash reports and actions that led to license suspensions or revocations. For felony OVI, prior offenses count if they fall within 10 or 20 years.
Can you get a hardship license in Ohio?
For an OVI suspension, the court may grant limited driving privileges under Ohio Rev. Code §§ 4510.021 and 4510.13, and for a first-time offender may grant unlimited driving privileges with an ignition interlock device.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.