Learn More About Ohio DUI Laws

Ohio DUI Laws state the details of what could be termed as a DUI offense and the possible sentences for DUI. Ohio DUI or Driving Under Influence is known by other names as well, which are Ohio OVI (operating a vehicle while intoxicated), and Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). It is considered as a DUI offense if an individual is found driving a vehicle under the influence of drugs or alcohol or both beyond a permissible limit. A person is also guilty of DUI if he or she is impaired and thus unable to drive a vehicle because of the influence.

You can have a look at the details of Ohio DUI Laws at http://codes.ohio.gov/orc/4511.19.

Ohio DUI Charges

There are two basic counts on which a person may be arrested and detained for a DUI offense in Ohio. If the law enforcement officer finds that the person is impaired and consequently unable drive a vehicle because of the influence of drugs then the accused can be convicted of DUI. Known as ‘per se’, these charges do not require any test; only field sobriety tests are done to prove the guilt. Another count focuses on the blood alcohol content of the accused, as found in the breath or blood or urine samples  of the accused. If it is beyond the permissible limit of 0.08 then the person can be arrested for DUI in Ohio.

After an arrest is made by a law enforcement officer, as per Ohio DUI laws, he or she informs the person about the tests that needs to be performed in order to determine the blood alcohol content. The accused may or may not submit to the tests. In case he or she refuses to take the test and is later convicted the punishment is enhanced for the refusal. The officer has the responsibility to provide all relevant documents like the driver’s license of the accused, the test results and such others to the Ohio Bureau of Motor Vehicles. A case is filed at the bureau. Another criminal case is filed at the concerned Ohio court of law.

Ohio DUI Penalties

According to Ohio DUI laws there are specific penalties for each offense. These penalties depend on the nature of the crime committed, the circumstances, the driving history and such other factors. The penalties for DUI offense in Ohio are as follows:

For first offense: Jail term of at least 3 days (consecutive) or a driver intervention program of the same duration; fine of minimum $300 and maximum $1,500; Driver’s license suspension for 90 days; license suspension for 1 year if blood alcohol content (BAC) is equal to or above .10 or if the test was refused. Along with these the court license suspension may occur for a period of 6 months to 3 years.

For second offense: Imprisonment for 5 or 10 consecutive days along with house arrest for 18 days to 6 months; enrollment in Discretionary Driver’s Intervention Program; fine between $200 and $1,000, driver’s license suspension for 1 year or for 2 years in case of 0.10 or more BAC or refusal to take the test; vehicle immobilization and license plate impoundment for a period of 90 days; court license suspension for at least 1 year to 5 years.

For third offense: Jail term for at least 15 days and 55 days under house arrest, not to exceed 12 months, or not less than 30 days to 1 year; fine not less than $500 but not more than $2,500; enrollment in alcohol treatment program; driver’s license suspension for 2 years and in case of 0.10 BAC or more or refusal to submit to test it is 3 years; forfeiture of vehicle if the conviction is within 6 years from previous offense. Along with these the court license suspension may occur for duration of 1 to 10 years.

For fourth offense: Jail confinement for at least 60 days and it can extend up to 1 year; imposition of fines between $750 and $10,000; forfeiture of vehicle is compulsory; attendance in a alcohol treatment program; driver’s license suspension for 3 years or for 5 years if BAC was 0.10 or above or the convict refused to take the test; court license suspension for a span of 3 years to permanent suspension.

While the suspension of the driving privileges is under the discretion of the Ohio Bureau of Motor Vehicles, the jail term and fines and other penalties are ordered by a judge at the court of law.

Ohio DUI Laws state that it is possible to expunge the DUI records of an individual offender if he or she is eligible and applies for the same. However the type of expungement given to a convict depends on a number of factors. It is also necessary to keep in mind that the DUI offense records are permanently present in the criminal case history of the individual and cannot be removed from the records.