Laufman, Jensen & Napolitano:
Ohio's DUI laws (now called OVI) are far more complicated than most people are aware. First and foremost, most people make mistakenly believe that they must be ÒdrunkÓ to be convicted of DUI. Nothing could be further from the truth. The State needs only prove that your ability to operate a motor vehicle was impaired by alcohol, drugs, or some combination of both. There are actually more than a dozen difference ways to be convicted of DUI. There are three general DUI laws which everyone should understand. The first is the Òcatch-allÓ concept of Driving Under the Influence which requires no breath or chemical test at all and is based simply upon an officers observations of a defendant. The second is Driving With a Prohibited Level of Alcohol in the Breath, Blood, or Urine. This law can convict someone of DUI without any proof of the alcoholÕs impact upon your ability to drive. Finally, the newest DUI laws now cover Drugged Driving where a citizen can be convicted of a DUI based upon levels of drugs in their blood or urine without any proof that the drugs are actually in effect at the time or their driving. Each of these laws is discussed in greater detail below.
Driving Under the Influence
The first law, states it is illegal to drive while under the influence of alcohol, drugs or both. No scientific tests are necessary and, ordinarily, this violation is based upon a police officer's observations of your driving, physical appearance, and responses to what are called "field sobriety tests" - a series of tests prescribed to test your mental and physical abilities. Generally, a conviction of this law is based upon testimony of the arresting officer and other witnesses who had an opportunity to observe you.
Driving with a Prohibited Level of Alcohol in your Breath, Blood or Urine
The second law for which you can be charged is the so-called "per se" violation. This law states that you are not permitted to drive with a certain level of alcohol in your breath, blood, or urine regardless of the impact it may or may not have upon your ability to operate a motor vehicle. This is the law in Ohio that mandates you can not drive a vehicle with a level of .08% or more of alcohol in your breath. All the government needs to convict you is evidence of scientifically valid test. A breathalyzer device is the most common test used.
Drugged Driving
Ohio has become one of only a handful of states to pass Òper seÓ DUI laws for drugs. These new ÒDrugged DrivingÓ laws operate much like the prohibited levels of alcohol but apply only to drugs and must be measured by either blood or urine. The most startling effect of these new laws is that they cover drug metabolites as well as the drugs themselves. Metabolites are the chemicals left behind by drugs after they are no longer active in the body. Marijuana for example effects the mind for only a few hours but its metabolite stays in the body for weeks. You can actually be convicted of DUI days or weeks after the effects of a drug have worn off.
Effect of a Conviction of Either of These Laws
The penalties for being convicted of DUI can be quite severe. Every DUI has mandatory penalties which anyone convicted must receive. The mandatory minimum penalties are controlled by the number of DUI convictions within the last six years though certain laws now look back twenty full years. The following chart outlines the possible and mandatory penalties. Note the mandatory jail time required and mandatory license suspension:
| No. of Offenses
within 6-Years |
Possible Jail Time |
Mandatory Jail Time |
Possible Fine |
Driver's License Suspended for: |
Possible Occupational
Driving Privileges After: |
| 1st Offense |
3-days to 6-months |
3-days |
$250-$1000 |
6-months to 3-years |
15-days |
| 2nd Offense |
10-days to 6-months |
10-days |
$350-$1500 |
1 to 5 years |
30-days |
| 3rd Offense |
30-days to 1-year |
30-days |
$550-$2500 |
2-10-years |
None |
| 4th Offense or more |
60-days to 6-months |
60-days |
$750-$10,000 |
3-years to Life |
None |
High Tier DUI
Ohio also now has ÒHigh TierÓ or ÒHigh TestÓ DUI. The typical legal breath limit is .08%. However, Ohio has now set .17% as a high tier DUI. There are two primary impacts of testing over this higher level. First, the mandatory jail time listed above doubles. Second, you would be required to obtain restricted DUI license plates even for a first offense.
There are other costs in addition to the mandatory jail time and fines which can be equally devastating. These include court costs, increased liability insurance rates, employment problems, and professional counseling fees.
Administrative License Suspension
Ohio law requires that your right to drive be immediately suspended, without trial, under certain circumstances. Your license can be immediately suspended if you refuse to participate in the taking of a sample of your breath, blood or urine. If you agree to subject yourself to testing, your license will be immediately suspended if the test shows an alcohol level above those permitted for breath, blood, or urine. Therefore, if you take a breathalyzer test and the test shows an alcohol level of .10 or greater, your license will be immediately suspended.
Impoundment, Immobilization and Seizure
In addition to the sever penalties and license suspension, Ohio law mandates the immobilization, seizure, and possibly forfeiture of your vehicle. The following chart outlines this effect:
| No. of Offenses in 5-Years |
Impoundment of Plates |
Immobilization of Vehicle |
Vehicle Forfeiture |
Immediate Vehicle Seizure |
| 1st Offense |
No |
No |
No |
No |
| 2nd Offense |
90-Days |
90-Days |
No |
Yes |
| 3rd Offense |
Yes |
Yes |
Yes |
Yes |
| 4th Offense or more |
Yes |
Yes |
Yes |
Yes |
A conviction for DUI can have a devastating effect. Beside the penalties involved, a conviction can affect your insurance, employment, and family. A DUI is not a simple traffic offense. Advice of counsel should always be sought.