If you’ve been charged with an OVI (operating a vehicle under the influence) the penalty you face depends on the facts of your case. For example a high tier (blowing 1.7 or higher) carries a more extensive incarceration minimum as opposed to the low tier.
Additionally, other factors also change the penalties, such as whether or not you submitted to the Breathalyzer, if you refused, or how many refusals in the past 10 years, or, another factor may be how many OVIs have you had in a 10 year period?. See the chart below:
It' important to have a competent attorney
Like many other states, first time offenders refusing to take a chemical test will lose their license for one year. For repeat offenders, the suspensions escalate accordingly:
1. First (1st) refusal in twenty (20) years = 1 year license suspension (driving privileges available).
2. Second (2nd) refusal in twenty (20) years = 2 year license suspension (driving privileges available).
3. Third (3rd) refusal in twenty (20) years = 3 year license suspension (driving privileges available).
Maximum BAC Levels
Ohio uses standard guidelines for blood alcohol content (BAC):
Age of Driver or if CommercialMaximum BAC Level
Under 21 years old = Maximum BAC of .02
21 and older = Maximum BAC of .08
Commercial Driver = Maximum BAC of .04
Look Back Period:
The "look back period" i.e. how many years the court can look back to determine if you have previous OVI convictions, that will count against you, is 10 years.
Ohio OVI Statutory Code: Click Here.
Ohio Driver Intervention Program (DIP): Click Here.
License Suspension Ohio Code Section: Click Here.
BMV Administrative License Suspension: Click Here.
Alcoholics Anonymous: Click Here.
Narcotics Anonymous: Click Here.