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What Is An OVI in Ohio?

Posted On: June 18th, 2024   |   Posted by: Luftman, Heck & Associates LLP
Man holding a beer while driving while intoxicated

Drunk driving terms are widespread in the United States You understand what it means when someone says the legal limit is 0.08 percent. You know what it means when someone is arrested for a DUI. But what is an OVI or DUI? Many people don’t recognize those acronyms immediately, but they are different states’ ways of saying DUI.

While a DUI stands for driving under the influence, Ohio calls this offense an OVI because it stands for operating a vehicle under the influence of alcohol or drugs. If you live in a state that uses a unique term, don’t be fooled. An OVI is the same as a DUI and it needs to be treated just as seriously.

If you’ve been charged with an OVI, call the Columbus criminal defense attorneys of Luftman, Heck & Associates at (614) 500-3836.

Ohio OVI Law: What It Means & Who It Applies To

Ohio Revised Code Section 4511.19 defines the crime of OVI. You can be arrested for an OVI if you are found to have a BAC at or above 0.08 percent. You can also be charged if you are found to be impaired by alcohol or a “drug of abuse.”

What Counts as a “Drug of Abuse” in Ohio?

The law defines a “drug of abuse” as:

  • A controlled substance

  • A dangerous drug, including medications administered by injection

  • Schedule V substances and other prescriptions that impair driving

  • OTC medications when taken in excessive or impairing doses

This broad definition means legal prescriptions and store-bought medications could result in an OVI if they impair your driving ability—even slightly.

Ohio’s Law on Underage Drunk Driving: OVUAC Charges

Ohio also has a law specifically geared toward underage drunk driving. The offense of operating a vehicle after underage consumption, OVUAC, is when someone under the age of 21 is found to be in control of a vehicle with a BAC at or above 0.04 percent.

If the driver is younger than 18, a BAC at or above 0.02 percent will lead to a charge.

Penalties for a First-Time OVI in Ohio

If you plead or are found guilty of an OVI for the first time, you will be jailed a minimum of 3 days or up to 6 months. You can be fined up to $1,000.

There are also a number of administrative punishments if you’re arrested or charged with an OVI. Your license will be suspended for at least 90 days and you will have at least 6 points added to your driving record for a first-time OVI.

If you test positive for alcohol above the legal limit when you are arrested, the officer can take your license and your suspension starts immediately. A second OVI within 6 years of the first OVI conviction will result in a driver’s license suspension of 1 year.

Facing OVI Charges? Talk to a Columbus DUI Lawyer Today

An OVI is a serious charge, even if it’s your first encounter with the law. You need an attorney who will tackle both the immediate administrative suspension of your license and the potential statutory penalties. Contact the Columbus DUI attorneys of Luftman, Heck & Associates at (614) 500-3836 to schedule a free consultation.



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