DUI & DWI in Ohio
Just a few drinks at a backyard barbeque or while watching the game may mean that you are legally too drunk to drive – even if you don’t feel drunk. If you’ve been charged with OVI* – operating a vehicle under the influence – you need to consult with an Ohio DUI attorney. Your future depends on it.
This article will help you, by summarizing:
- Ohio DUI Laws
- Ohio DUI Punishments
- Potential DUI Defenses
- Ohio’s Other Drunk Driving and Alcohol Laws
- How to Find an Ohio DUI Attorney
*In Ohio, driving while intoxicated (DWI) and driving under the influence (DUI) fall under operating a vehicle under the influence (OVI).
When is a Driver Considered to be Legally Drunk in Ohio?
OH OVI Laws are found in the Ohio Revised Code. To summarize:
- In Ohio, non-commercial drivers (i.e. most drivers) are considered to be legally drunk if they have a BAC (blood alcohol content) of .08 or higher.
- Commercial driver (e.g. school bus, truck, and taxi drivers) are legally drunk if their BAC is .04 or higher.
- Drivers under the age of 21are legally drunk if their BAC is .02 or more.
What is Ohio’s Punishment for DWI Convictions?
1st DWI conviction = up to 6 months in jail – fine of $250 to $1,000 -driver’s license suspension of 6 months to 3 years – driver intervention 3 day program.
2nd DUI conviction within 6 years = up to 6 months is jail – fine of $350 to $1,500 – electronic home monitoring of 18 days to 6 months -driver’s license suspension of 6 months to 3 years – vehicle immobilization for 90 days – driver intervention program.
3rd DUI conviction within 6 years of previous convictions = 30 days to 1 year in jail or 15 days in jail and 55 days to 1 year of home monitoring – fines of $350 to $1,500 – driver’s license suspension of 1 to 10 years – vehicle immobilization for 180 days – mandatory alcohol treatment program.
Ohio Drunk Driving Defenses
It is in your best interests to immediately consult with the Ohio DUI lawyer of your choice – www.attorneys.org. If you contest the OVI charges, a hearing will be held within 5 days of your arrest.
Ohio drunk driving defenses are limited, but do include:
- The police officer did not have reasonable grounds to suspect OVI.
- The police officer failed to request that you take the blood alcohol (BAC) test.
- The police officer did not explain the consequences of refusing or failing the BAC test
- You neither refuse dnor fail the BAC test.
Ohio’s Other Drunk Driving and Alcohol Laws
Ohio’s Selling Alcohol to an Intoxicated Person
A licensed drinking establishment that serves alcohol to an intoxicated person is subject to a $25 to $100 fine.
Ohio’s Dram Shop Act
A person injured by an intoxicated person on licensed drinking establishment’s grounds (including parking lot) has a cause of action against the establishment.
An injured third party has a cause of action against a licensed drinking establishment if that establishment knowingly served a visibly intoxicated person or a minor.
Ohio’s Providing Alcohol to Underage Persons Law
In Ohio, it’s illegal to give or sell alcohol to underage persons. You can go to jail for up to 6 months and be fined $500 to $1,000.
How to Find an Ohio DUI Attorney
To put forward a successful defense and/or to convince the judge to hand down minimum sentencing, you need a strong legal defense. To find an Ohio DUI lawyer, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.