Ohio OVI Sentences and Ohio Administrative License Suspensions

Below are charts which summarize Ohio OVI Sentences and Ohio Administrative License Suspensions. Please be aware the charts are summaries. You may want to research the individual statutes to ensure you understand all aspects of a possible sentence or administrative license suspension. Please also be aware that Ohio OVI sentences and Ohio Administrative License Suspensions are subject to change at any time by the Ohio legislature.

The charts can be downloaded using the following link:

Types of Ohio OVI Offenses
There are multiple types of OVI (Operating a Vehicle under the Influence) offenses in Ohio:  OVI “Impaired”, OVI “Per Se”, OVI “Drugged Driving”, OVI “Test Refusal with Prior Conviction”, OVUAC (Operating a Vehicle after Under Age Consumption), and BUI (Boating Under the Influence).  Below is a brief description of each type of OVI offense.

O.V.I. “Impaired”
The prosecution must prove the defendant operated a vehicle ‘under the influence’ of alcohol and/or drugs. A person is considered ‘under the influence’ if the alcohol or drug affected the person’s nervous system, brain, or muscles to noticeably impair their actions, reactions, or mental processes – which impaired their ability to operate a vehicle. For the “impaired” charge, the level of alcohol or drugs does not matter. All that matters is the alcohol or drugs impaired the person’s ability to drive.

OVI “Per Se”
The prosecution must prove the defendant operated a vehicle with a prohibited concentration of alcohol or drugs in their blood, breath, or urine. For the “per se” charge, it does not matter whether the alcohol or drug was impairing the person’s ability to drive. All that matters is they had a prohibited concentration of alcohol or drugs in their system -they were over the ‘legal limit’- when they operated the vehicle. The prohibited concentrations for alcohol and drugs are listed in the table below.

Prohibited Concentrations:  OVI “Per Se”

OVI “Drugged Driving”
Ohio law makes it illegal to operate a vehicle “under the influence of alcohol, a drug of abuse, or a combination of them”. This OVI “impaired” offense applies to illegal drugs, marijuana, and prescription medications. For some drugs, there is also an OVI “per se” offense based on a prohibited level of the drug (summarized in the chart above).

OVI “Test Refusal with Prior Conviction”
The prosecution must prove the defendant committed the offense of OVI, they had a prior OVI conviction within the last 20 years, and they refused a blood/breath/urine/oral fluid test. A conviction for this offense doubles the minimum mandatory jail term.

OVUAC
Individuals under 21 may be charged with OVI “impaired” and OVI “per se”. In addition, a driver under 21 with a blood alcohol concentration of .020 to .079 may be charged with OVUAC: Operating a Vehicle after Under Age Consumption.

BUI
The prosecution must prove the defendant operated a boat (or other vessel) under the influence of alcohol and/or drugs (“impaired”) or with a prohibited concentration of alcohol and/or drugs (“per se”). The ‘legal limits’ for operating a boat are the same as those for operating a vehicle.

Columbus DUI / OVI Lawyers Serving Central Ohio
The lawyers at the Dominy Law Firm have developed expertise in the area of DUI/OVI defense.  From our office in Columbus, we represent clients for OVI charges in courts throughout central Ohio.  If you would like to discuss how the Dominy Law Firm can help with your DUI / OVI case, please submit a CONTACT FORM or call 614-717-1177 to arrange a free consultation.