First Offense DUI in Ohio

The official term for impaired driving in Ohio is Operating a Vehicle Impaired (OVI). Ohio Revised Code § 4511.19 defines a first OVI as an act of operating a vehicle under the influence of alcohol, drugs, or a combination of both without previous OVI convictions within the past 10 years.

The Ohio legislature enacted Liv's Law (effective April 9, 2025) to strengthen penalties for impaired driving offenses, particularly targeting repeat offenders and aggravated vehicular homicide related to OVI.

In Ohio, a first-time OVI offense qualifies as a first-degree misdemeanor and may be punishable by jail time, fines, or license suspension. These strict penalties may impact an individual's finances and future. Ohio's OVI stringent sanctions are part of the government's effort to reduce repeat offenses and increase road safety.

What Qualifies as a First DUI in Ohio?

Ohio considers an OVI violation a first offense if the driver has no prior OVI convictions within the past 10 years. Having a certain level of drugs (prescription/illegal) or alcohol concentration in the blood, breath, or urine while driving also qualifies as a first OVI in Ohio.

The acceptable legal BAC limit for adult drivers who are 21 years and older is 0.08%. Commercial drivers must not exceed a BAC of 0.04%, while the BAC limit for individuals under 21 years is 0.02%. However, zero tolerance is part of the state policy for underage drivers.

Law enforcement officers in Ohio determine impairment using a combination of observations, field sobriety tests, preliminary breath tests (PBT), and chemical testing (which occurs after arrest).

Possible Penalties for a First Offense DUI in Ohio

The penalties for a first OVI violation outlined in Ohio Revised Code § 4511.19 depend on factors such as the BAC level, the driver's refusal to undergo chemical testing, and other aggravating factors. The statutory penalties for a first OVI offense in Ohio may include the following:

• Jail time ranges from 3 days to 6 months
• Attending a 3-day Driver Intervention Program (DIP) instead of serving mandatory jail time
• Fines ranging from $375 to $1,075 in addition to court fees and surcharges
• Court-ordered license suspension from 1 to 3 years
• A restricted Yellow Plate and an Ohio Ignition Interlock Device (IID) are mandatory for high BAC or refusal cases
• $475 for license reinstatement fee
• Up to five years of probation (depending on court discretion)
• Mandatory alcohol education or treatment programs
• Six penalty points on a driving record.

Do You Lose Your License for a First DUI in Ohio?

Yes, a license suspension occurs immediately upon arrest for a first-time OVI violation through the Administrative License Suspension (ALS) process. This suspension usually occurs before court proceedings and may extend upon conviction.

In Ohio, the license suspension for a first offender who fails a BAC test is 90 days. For an offender who refuses to take a chemical test, the suspension is 1 year. In addition, the court may impose 1- to 3-year license suspension for a first OVI conviction, regardless of ALS.

First-time OVI violators in Ohio may be eligible to apply for a hardship license after 15 days of suspension (for a failed BAC test) and 30 days if an offender refuses to take a chemical test.

What Is the Implied Consent Law in Ohio, and How Does It Affect First DUI Cases?

The Ohio Implied Consent Law Section 4506.17 stipulates that every driver operating a vehicle on public roads automatically consents to chemical testing by blood, breath, or urine after a lawful OVI arrest. Refusal to take the test may trigger an automatic 1-year license suspension for a first OVI offense. It may also become a piece of evidence in court, which may lead to harsher sentencing if convicted, such as longer court-ordered license suspension, mandatory ignition interlock device (IID), and higher fines.

The Ohio Implied Consent Law buttresses the state's OVI laws by sanctioning non-compliance. It is also a legal avenue for individuals to contest a refusal.

Is an Ignition Interlock Device Required for a First DUI Offense in Ohio?

Ohio law does not mandate the installation of an Ignition Interlock Device (IID) for first-time OVI convictions. However, it becomes mandatory in cases involving a high BAC (0.17% or higher). Additionally, courts cannot require an IID when granting limited or unlimited driving privileges, or aggravating factors, such as a child passenger, are present.

Ohio law permits first-time offenders to petition for unlimited driving privileges, allowing unrestricted driving. Offenders may obtain these privileges by:

• Installing an IID in their vehicle
• Presenting proof of installation to the court and the Bureau of Motor Vehicles (BMV)
• Procuring a restricted license indicating the IID requirement.

In Ohio, the duration of IID use depends on the license suspension period, and offenders are responsible for all associated costs unless they qualify for financial assistance.

Can a First DUI Be Dismissed or Reduced in Ohio?

Yes, Ohio legal provisions allow for the reduction of an OVI charge. However, this is subject to the individual case details and the prosecutor's discretion. In Ohio, prosecutors may offer to reduce a first-time OVI violation if:

• The BAC is close to the legal limit of 0.08%
• The offender has no previous OVI conviction
• There is an absence of property damage or bodily injuries
• Law officers violate constitutional rights, or procedural errors occur during arrest
• The offender cooperates with law enforcement during the arrest process.

Ohio law does not provide for diversion or deferred adjudication programs for OVI offenses. Instead, first-time offenders may attend a Driver Intervention Program (DIP) or negotiate a plea to a lesser charge.

Long-Term Consequences of a First DUI

A first OVI conviction in Ohio may carry lasting consequences that will negatively impact various aspects of the individual's life. In Ohio, a first OVI conviction remains on a criminal record permanently and may be accessible to employers, insurance companies, and licensing agencies. This may also affect driving privileges, raise car insurance costs, and limit job prospects, especially positions that require clean driving records.

Do You Need a DUI Attorney in Ohio?

Generally, hiring an OVI attorney in Ohio depends on the details of the case. However, it is advisable to hire one for an OVI trial. Ohio's OVI laws are stringent and may result in license suspension, jail time, fines, installation of an ignition interlock device, and mandatory alcohol education and treatment programs.

Therefore, hiring an experienced Ohio-licensed OVI attorney will help guide you through complex legal procedures, challenge the evidence, avoid or reduce jail time, and negotiate lesser charges. Hence, saving the individual from long-term financial and legal consequences.