Law Office Of Mark Gardner | Committed To Protecting The Rights of My Clients in All Criminal And Traffic Related Cases

Experienced in Handling DUI Cases • Free Initial Consultation

Photo of Mark Gardner
I’m attorney Mark Gardner, and I work to ensure that my clients receive effective, results-driven representation through relentless investigation, meticulous trial preparation, and aggressive trial tactics. I have handled nearly all types of criminal cases, from the most serious felonies to misdemeanor offenses. Whether you are facing a serious felony or a misdemeanor, I am fully committed to defending your rights.

Ohio’s DUI Laws

Last updated on October 20, 2023

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.

For a free consultation, call me right away at 866-361-4522. Or, if you prefer, send me an email and I will respond to your inquiry in a meaningful way.

For a free consultation with an experienced Cleveland, Ohio, DUI attorney lawyer, please contact me at my office.

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
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


DUI Penalties


Click here for more information

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).


Click here for more information


Click here for more information

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

©2006 Jennifer P. Weiler. All rights reserved.

Facing Charges? Get Answers
Call Or Contact Us Today.

Toll Free: 866-361-4522

or fill our quick contact form