Ohio's DUI Laws

Driving Under the Influence - Possible Penalties

Criminal law in DUI laws come in two forms: the State-wide Ohio Revised Code (a.k.a., "R.C.") and the municipally-enforced local Codified Ordinances. Every traffic ticket written will have a check or "x" beside a box indicating you are being charged with violation an "ORC" or an "ORD." If the "ORC: box is checked, you have been charged under the R.C. §4511.19, which is the official State code for DUI. If the "ORD" box is checked, you have been charged with DUI under a local ordinance. This difference can carry significant differences at times, for example, if you're a commercial driver license holder.

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Courtesy of Judge Jennifer Weiler of the Garfield Heights Municipal Court, below are a number of charts listing each of the separate ways under the Revised Code that a person can be charged with a DUI offense and the possible accompanying penalties.

TYPES OF OFFENSES

Operation "Under the Influence" of alcohol, drug of abuse or both. R.C. 4511.19(A)(1)(a).

Operation with concentration of ALCOHOL specified below. R.C. 4511.19(A)(1)(b)-(i).

Alcohol Level

Whole Blood

Blood Serum or Plasma

Breath

Urine

Low Test

≥ .08%
< .17%

(A)(1)(b)

≥ .096%
< .204%

(A)(1)(c)

≥ .08g
< .17g

(A)(1)(d)

≥ .11g
< .238g

(A)(1)(e)

High Test

≥ .17%

(A)(1)(f)

≥ .204%

(A)(1)(g)

≥ .17g

(A)(1)(h)

≥ .238g

(A)(1)(i)

Operation with concentration of CONTROLLED SUBSTANCE specified below. R.C. 4511.19(A)(1)(j)(i)-(x).

Controlled Substance

Urine

Whole Blood, Blood Serum or Plasma

Amphetamine

≥ 500 ng

≥ 100 ng

Cocaine

≥ 150 ng

≥ 50 ng

Cocaine Metabolite

≥ 150 ng

≥ 50 ng

Heroin

≥2000 ng

≥ 50 ng

Heroin Metabolite
(6-monoacetyl morphine)

≥ 10 ng

≥ 10 ng

L.S.D.

≥ 25 ng

≥ 10 ng

Marihuana

≥ 10 ng

≥ 2 ng

Marihuana Metabolite and under the influence

≥ 15 ng

≥ 5 ng

Marihuana Metabolite

≥ 35 ng

≥ 50 ng

Methamphetamine

≥ 500 ng

≥ 100 ng

Phencyclidine

≥ 25 ng

≥ 10 ng

Operation while Under Influence of Alcohol, Drug of Abuse or both, with prior OVI conviction in 20 years, and with current refusal of chemical test or tests. R.C. 4511.19(A)(2).

Operation by person under age 21 with concentration of ALCOHOL specified below. R.C. 4511.19(B)(1)-(4).

Whole Blood

Blood Serum or Plasma

Breath

Urine

≥ .02%
< .08%

§(B)(1)

≥ .03%
< .096%

§(B)(2)

≥ .02g
< .08g

(B)(3)

≥ .028g
< .11g

§(B)(4)

DUI PENALTIES

OPERATING VEHICLE UNDER INFLUENCE [R.C. 4511.19(A),(G)] 6 POINTS

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1 No privileges may be granted to offender who within the preceding six years has had three or more convictions or guilty pleas. O.R.C. 4510.13(A)(3). First OVI conviction results in a one year commercial driver's license disqualification while a second anytime results in a lifetime CDL disqualification, regardless of whether the offense occurred in a commercial or a private vehicle. O.R.C. 4506.16(D).

2 If vehicle forfeiture is required and title is assigned/transferred, offender may be fined vehicle value per national auto dealers' association publications. O.R.C. 4503.234(E).

3 DIP refers to driver intervention program certified under O.R.C. 3793.10 provisions. See O.R.C. 4511.191(G)(1)(a).

4 EMHA is electronically monitored house arrest. CAM is continuous alcohol monitoring. Within 60 days, court must issue a finding of lack of jail space. O.R.C. 4511.19(G)(3).

5 Court has authority to reduce the minimum period of a Class 3 suspension from two years to one year. O.R.C. 4510.13(A)(2)(b).

OPERATING VEHICLE AFTER UNDERAGE ALCOHOL CONSUMPTION [O.R.C. 4511.19(B),(H)] 4 POINTS

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PHYSICAL CONTROL WHILE UNDER THE INFLUENCE [O.R.C. 4511.194] 0 POINTS

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Prepared by Judge Jennifer P. Weiler, Garfield Heights Municipal Court.

©2006 Jennifer P. Weiler. All rights reserved.