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Offense of OVI

OHIO OVI Jail Time, Fines and Penalties

General

A person commits the offense of OVI if the person operates a vehicle, streetcar, or trackless trolley in Ohio: (1) while under the influence of alcohol, a drug of abuse, or both, (2) with a prohibited concentration of alcohol in his or her whole blood, blood serum or plasma, breath, or urine, or (3) with a prohibited concentration of amphetamine, cocaine, heroin, L.S.D., marihuana, methamphetamine, phencyclidine, salvia divinorum or salvinorin A (if a prohibited concentration has been specifi ed by the State Board of Pharmacy), or a metabolite of cocaine, heroin, or marihuana in his or her urine, whole blood, or blood serum or plasma. The prohibitions described in clauses (2) and (3) are known as "per se" violations. The alcohol-related prohibited concentrations are divided into "standard-level" concentrations and "high-level" concentrations.

The standard-level prohibited concentrations for alcohol are as follows: (1) eight-hundredths of 1% or more but less than seventeenhundredths of 1% by weight of alcohol in the whole blood, (2) ninety-sixthousandths of 1% or more but less than two hundred four-thousandths of 1% by weight of alcohol in the blood serum or plasma, (3) eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per 210 liters of breath, and (4) eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per 100 milliliters of urine.

The high-level prohibited concentrations for alcohol, for which there are longer periods of incarceration, are as follows: (1) seventeen-hundredths of 1% or more by weight of alcohol in the whole blood, (2) two hundred fourthousandths of 1% or more by weight of alcohol in the blood serum or plasma, (3) seventeen-hundredths of one gram or more by weight of alcohol per 210 liters of breath, and (4) two hundred thirty-eightthousandths of one gram or more by weight of alcohol per 100 milliliters of urine.

The controlled substancerelated and controlled substance metabolite-related prohibited concentrations vary, depending upon the controlled substance involved (e.g., a concentration of amphetamine in the person's urine of at least 500 nanograms of amphetamine per milliliter of the person's urine, a concentration of cocaine in the person's urine of at least 150 nanograms of cocaine per milliliter of the person's urine, or a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine, etc.).

Repeat offender--refusal-related prohibition.

A person also commits OVI if the person: (1) operates a vehicle, streetcar, or trackless trolley in Ohio while under the influence of alcohol, a drug of abuse, or both, (2) within the preceding 20 years, previously was convicted of OVI, OVUAC, municipal OVI, or an equivalent offense (a defined term), and (3) refuses to submit to a chemical test or tests after being arrested for the offense described in clause (1) above, being asked by a law enforcement officer to submit to a chemical test or tests, and being advised of the consequences of a refusal. A violation of this prohibition is subject to the same penalties as OVI involving a high-level alcohol prohibited concentration violation.

Pre-trial OVI sanctions

The main pre-trial sanction that may be imposed upon a person who is arrested for OVI is the administrative suspension of the person's driver's license or permit, which is known as an "Administrative License Suspension" or "ALS".

Post-conviction OVI sanctions-- judicially imposed

The law provides several types of sanctions for OVI that may be, or in certain cases must be, imposed by the court that sentences a person who is convicted of or pleads guilty to the offense. The sanctions vary, depending upon the offender's record of prior convictions or guilty pleas and the other circumstances of the offense. The offenses that are considered as "priors" are OVI and other specified "equivalent offenses" (defi ned in R.C. 4511.181).

OHIO OVI Jail Time, Fines and Penalties