Ohio's DUI Laws

Ohio has two basic drunk driving laws, found in ORC Sections 4511.19A(1)a and 4511.19A(1) b-i.:

• under 4511.19A(1)a, it is a 1st degree misdemeanor to drive under the influence of alcohol and/or drugs.

• Under 4511.19A(1)b,  It is a 1st degree misdemeanor to drive with .08% or more of alcohol in your blood.  Sections A(1)c -i deal with various other methods of measuring alcohol in the blood without reference to the effect of that alcohol on your ability to drive.

• If the operator of the vehicle is under the age of 21, a conviction will result from a blood alcohol level of .002 or above.  If the reading is .002 or above but less than .08, the conviction is a fourth degree misdemeanor for a first offense.  There is no need for the police officer to prove that there was any impairment.   

Note: In most cases, a driver will be charged with having a blood alcohol level above the legal limit and also with driving impaired.  Both offenses will be charged even though there is only one act. The law allows a defendant charged with drinking and driving m to be charged with BOTH offenses — but the driver can only be convicted and punished for one. (The punishments are identical for both offenses.)

Under ORC section 4511.19(G)1(d) the offender may be charged with a felony if they have been convicted of three or four OVI s in the past 6 years or 5 OVI s in the past 20 years.