Ohio DUI Law Explained

In Ohio, a drunk driving charge is commonly referred to as an "OVI" (Operating a Vehicle while Intoxicated).  The terms "DUI" (Driving Under the Influence), or "OMVI" (Operating a Motor Vehicle while under the Influence) are also used.  Regardless of the language the terms all refer to the same first degree misdemeanor offense.

Ohio's DUI statutes are unique in the way they are worded. Most state DUI statutes are more broadly written.  Ohio's are very particular. There are two separate drunk driving offenses in Ohio: Operating Under the Influence ("OVI"), and Having Physical Control of a Vehicle while under the Influence ("Physical Control").  Excerpts of the OVI statute and the Physical control statute are listed below.

OVI:  Ohio's OVI law expressly prohibits anyone from "operating any vehicle, streetcar, or trackless trolley" under the influence.  The statute also goes on to list the amounts of alcohol and drugs that would be illegal if detected in the blood, breath, or urine.

NOTE - Although Ohio law specifically refers to vehicles, streetcars, or trackless trolleys, those are not the only methods of transportation that the DUI law applies to.  Bicycles, boats, and other motorized vehicles fall under the statute as well. 

Drugged Driving:  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio's DUI/OVI statute as illegal controlled substances. The statute states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  It is a defense in Ohio if you can prove that the controlled substance was obtained by a legally issued prescription AND that you used the drug as directed by your doctor.

Physical Control:  Under Ohio's Physical Control statute, it is illegal to be in physical control of a vehicle, street car, or trackless trolley while under the influence.  "Physical Control" is defined as being in the driver's seat of a car (or trolley, etc.) and having possession of the vehicle's keys. 

NOTE - You may still be arrested for DUI Physical Control even if the keys are not in the ignition and the car is in parked.  Ohio does not have a "safe harbor" law, meaning that even if a person who is intoxicated is parked without the keys in the ignition, he/she may still be arrested for DUI if the keys are sitting nearby, such as on the dashboard or passenger seat.

High Test DUI:  If your BAC level is .17 or higher, or the amount of alcohol present in your urine is .238 or higher, under Ohio law you will be sanctioned to higher penalties.  Check the Ohio Penalties section for more information.

Per Se DUI:  Ohio has a .08 per se law. That means that the prosecution does not necessarily have to prove that they person was driving in a drunken manner.  The fact that the person drove and subsequently took a chemical test with a result of .08 or higher is sufficient to prove intoxication.

Minors:  For those under the age of 21, it is illegal in Ohio to drive with a BAC of .02 or higher. 

In every DUI case, the prosecution must prove that the person was intoxicated or under the influence at the time of operation.