Ohio · OVI
Ohio OVI laws and penalties
Ohio's legal BAC limit is 0.08%. For a first offense, Ohio's statute provides jail of 3 days to 6 months, a fine of $565 to $1,075, and a license suspension of 1 to 3 years. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Ohio the offense is called OVI (operating a vehicle under the influence). It is the offense most states call DUI.
Figures read from official pages on .
Ohio · county map
3 counties have a page: select one to open it, or find them under Counties below. The other counties are added as data is published.
Ohio OVI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.17%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior OVI offenses that count
License hearing: ask within 30 days
Ohio has no separate agency hearing. Appeal the administrative suspension to the court handling the OVI charge, at the first appearance or within 30 days after it; the appeal does not stop the suspension. Count the days with the license-hearing window calculator.Higher BAC level. At 0.17 or more a first offense carries at least 3 consecutive days in jail plus a drivers' intervention program; fine and suspension ranges are the same.
Ignition interlock. The court may grant limited driving privileges after the 15th day and may require an interlock on them; unlimited privileges require one.
01Penalties
Ohio OVI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 3 days | 10 days |
| Jail (maximum) | 6 months | 6 months |
| Fine (minimum) | $565 | $715 |
| Fine (maximum) | $1,075 | $1,625 |
| License suspension | 1 to 3 years | 1 to 7 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Ohio compares
Of the 49 states with a confirmed BAC limit, 48 (Ohio among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Ohio requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Ohio gives 30.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Indiana | 0.08% | No fixed deadline | At the judge's discretion | Up to 60 days | Up to $500 | Up to 60 days |
| Kentucky | 0.08% | No fixed deadline | In some cases | 48 hours to 30 days | $200 to $500 | 6 months suspension |
| Michigan | 0.08% | 14 days | At the judge's discretion | Up to 93 days | $100 to $500 | 180 days |
| Ohio (this page) | 0.08% | 30 days | In some cases | 3 days to 6 months | $565 to $1,075 | 1 to 3 years |
| Pennsylvania | 0.08% | 30 days | In some cases | Up to 6 months | $300 | None |
| West Virginia | 0.08% | No fixed deadline | In some cases | Up to 6 months | $100 to $500 | 6 months |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How an OVI case moves through the system in Ohio
Arrest and booking
Police arrest a driver on suspicion of OVI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ohio has no separate agency hearing. Appeal the administrative suspension to the court handling the OVI charge, at the first appearance or within 30 days after it; the appeal does not stop the suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Ohio's statute provides jail of 3 days to 6 months, a fine of $565 to $1,075, and a license suspension of 1 to 3 years. See the penalties table above.
04Counties
Counties in Ohio
05Sources
Where Ohio's figures come from
- Ohio Rev. Code § 4511.19 (codes.ohio.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- Ohio Rev. Code § 4511.197(A) (codes.ohio.gov)License hearing request
- Ohio Rev. Code §§ 4510.022(C)(1), 4510.13(A)(5)(a)(i) (codes.ohio.gov)Ignition interlock, first offense
Show the exact words behind each figureHide the exact words
- Main statute
Ohio Rev. Code § 4511.19
Ohio Rev. Code § 4511.19
Section 4511.19 | Operating vehicle under the influence of alcohol or drugs - OVI.
- BAC limit, age 21 and over
0.08%
Ohio Rev. Code § 4511.19(A)(1)(b)
(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
- Higher BAC level
0.17%
Ohio Rev. Code § 4511.19(A)(1)(f), (G)(1)(a)(ii)
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood.
- BAC limit under 21
0.02%
Ohio Rev. Code § 4511.19(B)(1)
(B) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
- Lookback period
10 years
Ohio Rev. Code § 4511.19(G)(1)(b)
(b) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of division (A) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree.
- License hearing request
30 days
Ohio Rev. Code § 4511.197(A)
the person may appeal the suspension at the person's initial appearance on the charge resulting from the arrest or within the period ending thirty days after the person's initial appearance on that charge, in the court in which the person will appear on that charge.
- Ignition interlock, first offense
Required in some cases
Ohio Rev. Code §§ 4510.022(C)(1), 4510.13(A)(5)(a)(i)
(C)(1) With regard to a first-time offender, in any circumstance in which a court is authorized to grant limited driving privileges under section 4510.021 , 4510.13 , or 4510.17 of the Revised Code during the period of suspension, as applicable, the court may instead grant unlimited driving privileges with a certified ignition interlock device.
- First offense: jail, minimum
3 days
Ohio Rev. Code § 4511.19(G)(1)(a)(i)
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of three consecutive days.
- First offense: jail, maximum
6 months
Ohio Rev. Code § 4511.19(G)(1)(a)(i)
The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.
- First offense: fine, minimum
$565
Ohio Rev. Code § 4511.19(G)(1)(a)(iii)
(iii) In all cases, a fine of not less than five hundred sixty-five and not more than one thousand seventy-five dollars;
- First offense: fine, maximum
$1,075
Ohio Rev. Code § 4511.19(G)(1)(a)(iii)
Same passage as above.
- First offense: license
1 to 3 years
Ohio Rev. Code § 4511.19(G)(1)(a)(iv)
(iv) In all cases, a suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege for a definite period of one to three years.
- Second offense: jail, minimum
10 days
Ohio Rev. Code § 4511.19(G)(1)(b)(i)
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of ten consecutive days.
- Second offense: jail, maximum
6 months
Ohio Rev. Code § 4511.19(G)(1)(b)(i)
The court may impose a jail term in addition to the ten-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months.
- Second offense: fine, minimum
$715
Ohio Rev. Code § 4511.19(G)(1)(b)(iii)
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Revised Code, a fine of not less than seven hundred fifteen and not more than one thousand six hundred twenty-five dollars;
- Second offense: fine, maximum
$1,625
Ohio Rev. Code § 4511.19(G)(1)(b)(iii)
Same passage as above.
- Second offense: license
1 to 7 years
Ohio Rev. Code § 4511.19(G)(1)(b)(iv)
(iv) In all cases, a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of one to seven years.
06Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.