Ohio DUI/DWI Laws: Penalties, Court Process, and Records

Each state in the United States uses its term for impaired driving caused by alcohol, drugs, or both. The most common terms for this offense are Driving While Intoxicated (DWI) and Driving Under the Influence (DUI). In Ohio, Operating a Vehicle Impaired (OVI) is the official term that refers to driving under the influence of alcohol or controlled substances.

What Is an OVI (DUI/DWI) in Ohio?

The laws that define and regulate OVI in Ohio are found in the Ohio Revised Code § 4511.19. An OVI occurs when a person operates a vehicle, watercraft, or aircraft while under the influence of alcohol, drugs, or a combination of both. Moreover, the statute establishes a “per se” violation, which means that a driver may be guilty of OVI if their blood alcohol concentration (BAC) level meets or exceeds the legal limit, even without visible signs of impairment. In Ohio, OVI charges may be triggered when the driver reaches the following thresholds:

• 0.08% BAC for drivers age 21 and older
• 0.04% BAC for commercial vehicle drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

OVI Penalties in Ohio

When an individual is convicted of OVI in Ohio, the state looks back 10 years, and punishments increase for every new conviction.

First OVI Offense (Misdemeanor)

• A fine between $375 and $1,075
• A minimum of 3 days in jail or completion of a 72-hour Driver Intervention Program
• Driver’s license suspension for 1 to 3 years
• Possible use of a restricted yellow license plate

Second OVI Offense (within 10 years, Misdemeanor)

• A fine between $525 and $1,625
• A minimum of 10 days in jail
• License suspension for 1 to 7 years
• Ignition interlock device (IID) requirement
• alcohol/drug assessment and mandatory treatment

Third OVI Offense (within 10 years, Misdemeanor)

• A jail time from 30 days to 1 year
• Fine from $850 to $2,750
• License suspension from 2 to 12 years
• IID and “party plates” required

Fourth or Subsequent OVI (Felony)

• Prison term from 60 days to 3 months
• License suspension from 3 years to life
• Fine from $1,350 to $10,500
• IID required upon reinstatement of suspended license

Aggravated OVI: If a driver’s blood alcohol concentration is higher than 0.17%, this can trigger enhanced penalties, including longer mandatory jail time and stricter IID requirements.

OVI Arrest and Court Process in Ohio

An OVI in Ohio leads to administrative license penalties as well as criminal prosecution:

• Traffic Stop and Arrest – Police stop a driver for signs of impairment and observe their speech or behavior for signs of intoxication. The driver may be asked to take standardized roadside tests and be arrested if impairment is suspected.
• Booking and Charges – The driver is taken into custody for processing, photographs, and fingerprinting by the arresting law enforcement.
• Administrative License Suspension (ALS) – Once the driver fails the test or refuses to take it, their license is immediately suspended by the Ohio Bureau of Motor Vehicles (BMV)
• Arraignment – The defendant makes an initial appearance in court to hear the charges and enter a plea.
• Pre-Trial Hearings – During this stage, the defense may challenge test accuracy, police procedures, or probable cause.
• Trial – If no plea deal is made, the case goes to trial, where the prosecution has to present test results and evidence.
• Sentencing – The judge may impose fines, jail, or a driver intervention program if the defendant is found guilty.

How to Search for DUI/OVI Records in Ohio

• Ohio Bureau of Motor Vehicles (BMV): An applicant may submit a request to view their driving records, including OVI suspensions from the BMV.
• County Court Websites: Many county courts provide websites where the public can search for OVI case records by case number or party name.
• The Clerk of Courts Offices: To acquire the certified copies of OVI case records, individuals can request them through a records request form or in person at the appropriate clerk’s office.
• Ohio Bureau of Criminal Investigation (BCI): This entity conducts background checks for the public and includes OVI convictions when preparing a report.

An OVI record often contains the details of the conviction, blood alcohol concentration levels, the limits placed on the driver’s license, and the penalties ordered.

How Long Does an OVI Stay on Your Record in Ohio?

• Criminal Record: In Ohio, an OVI conviction stays on a person’s criminal record for life. The law does not allow expungement or sealing of OVI convictions.
• Driving Record: OVI convictions stay on the driving record for at least 10 years under the state's look-back period. During this time, any new OVI conviction will be treated as a new offense.
• Insurance: The effect of an OVI conviction on insurance rates may last from 3 to 5 years, depending on the policies of the insurance company.

In Ohio, the official term for impaired driving involving alcohol, drugs, or a combination of both is Operating a Vehicle Impaired (OVI). Penalties for OVI offenses range from fines and short jail terms for first-time violations to longer prison sentences for repeat offenders. OVI records may be accessed both online and in person through agencies such as the Ohio Bureau of Motor Vehicles (BMV), county clerks of court, and the Bureau of Criminal Investigation (BCI). Understanding Ohio’s OVI laws is important, as convictions can carry lasting consequences.

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