While Ohio punishes any case involving the operation of a vehicle while under the influence of drugs or alcohol (OVI), it takes an even more serious approach for those cases involving extreme inebriation, also known as a high blood alcohol content (BAC) OVI.
If one is convicted of a high BAC OVI, one of the requirements is for mandatory jail time. Unlike standard OVI cases where penalties can sometimes be reduced or substituted, Ohio law requires that individuals convicted of High BAC OVI serve a minimum of six consecutive days in jail or attend an intervention program followed by jail time. This applies even to first-time offenders, underscoring the seriousness with which Ohio treats these offenses.
Cincinnati Attorney for High BAC OVIs
High BAC cases are serious offenses and must be treated as such. The Wieczorek Law Firm, LLC, has served the communities of Cincinnati for over 16 years, representing individuals in all manner of OVI.
If you or someone you know have been charged with a High BAC OVI, you need to contact an experienced defense attorney immediately. High BAC cases run the risk of being branded a habitual offender, even after a single incident.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of High BAC OVIs in Ohio
- High BAC OVIs under Ohio Law
- Administrative License Suspensions (ALS)
- Driving Privileges During Suspension
- Impact on Minors and Underage Drivers
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for High BAC OVI in Hamilton County, OH
High BAC OVIs under Ohio Law
First-Time High BAC OVI
Under Ohio Revised Code Section 4511.19, operating a vehicle with a BAC of 0.17% or higher is classified as High BAC OVI. For first-time offenders, penalties include a minimum of six consecutive days in jail or a combination of a three-day driver intervention program and three days in jail. Offenders must pay fines ranging from $375 to $1,075 and face a driver’s license suspension lasting between one and three years. The court may also require the installation of an ignition interlock device (IID) as a condition for reinstating driving privileges.
Second Offense (Within 10 Years)
A second High BAC OVI offense within 10 years results in harsher penalties, including at least 20 consecutive days in jail. Offenders face fines ranging from $525 to $1,625 and a driver’s license suspension lasting from one to seven years. Courts commonly require offenders to participate in substance abuse treatment programs and use an IID if limited driving privileges are granted.
Third or Subsequent Offenses
Repeat offenders face severe consequences, including potential felony charges. Penalties include a minimum of 30 days in jail, fines of up to $2,750, and a license suspension of two to 12 years. For felony cases involving injury or additional aggravating factors, sentences can extend to one year in prison, and offenders may lose driving privileges permanently.
Administrative License Suspensions (ALS)
Ohio’s Administrative License Suspension (ALS) process is a separate consequence from the criminal case. If a person is arrested for High BAC OVI or refuses a chemical test, their license is automatically suspended. The length of the suspension varies: a High BAC result triggers a 90-day suspension for a first offense, while a test refusal results in a one-year suspension.
Defendants can challenge an ALS by requesting an administrative hearing, but this must be done quickly—typically within 30 days of the suspension. Failure to act promptly results in the suspension remaining in place regardless of the outcome of the criminal case. Understanding this process and acting within the required timeframe is critical.
Driving Privileges During Suspension
While an ALS or conviction may suspend a driver’s license, courts can grant limited driving privileges for specific purposes, such as commuting to work, attending school, or seeking medical care. To apply for privileges, a petition must be filed with the court, detailing the necessity and purpose for driving.
For High BAC OVI offenders, limited driving privileges are typically granted only with the installation of an ignition interlock device (IID). Courts often require offenders to demonstrate compliance with the IID program and may restrict driving to specified times and locations. Failure to adhere to these conditions can result in further penalties or revocation of privileges.
Impact on Minors and Underage Drivers
Ohio has strict “zero tolerance” laws for drivers under the age of 21. While the per se BAC limit for adults is 0.08%, underage drivers face legal consequences for any BAC of 0.02% or higher. For underage drivers, a High BAC OVI (BAC of 0.17% or higher) triggers enhanced penalties similar to those for adults, including mandatory jail time, fines, and license suspension.
In addition to these penalties, underage offenders may face academic and scholarship consequences if they are students. They may also have to attend special intervention programs tailored to minors, which focus on alcohol education and the risks of impaired driving.
Frequently Asked Questions
- What is the BAC level for a High BAC OVI in Ohio?
A High BAC OVI is defined as having a BAC of 0.17% or higher, according to Ohio Revised Code Section 4511.19. - What are the penalties for a first-time High BAC OVI offense?
Penalties include a minimum of six consecutive days in jail, a fine ranging from $375 to $1,075, and a license suspension for one to three years. - Can someone avoid jail time for a High BAC OVI?
Ohio law requires mandatory jail time for High BAC OVI offenses, though part of it may be substituted with a driver intervention program in some cases. - What happens if someone refuses a breathalyzer test?
Refusing a breathalyzer test results in an automatic license suspension under Ohio’s implied consent law, Ohio Revised Code Section 4511.191, and could be used as evidence against the individual. - Will a person lose their license if convicted of a High BAC OVI?
Yes, a conviction results in a license suspension of at least one year and up to seven years for repeat offenses. - Can someone get driving privileges during their suspension?
Limited driving privileges may be granted, but the court may require an ignition interlock device as a condition. - How does High BAC OVI differ from a standard OVI?
High BAC OVI has stricter penalties, including longer mandatory jail time and higher fines, due to the elevated BAC level. - Is an ignition interlock device required after a High BAC OVI?
Yes, courts often require ignition interlock devices for High BAC offenders as a condition of reinstating driving privileges.
Additional Resources
- Ohio Revised Code Section 4511.19: Operating Vehicle Under the Influence of Alcohol or Drugs – OVI – This source provides the official text of Ohio’s laws on operating a vehicle under the influence of alcohol or drugs, including the legal BAC limits and enhanced penalties for High BAC offenses. It outlines the specific charges, penalties, and requirements for OVI cases and details on mandatory jail time, license suspensions, and chemical testing procedures.
- Cleveland Clinic: Blood Alcohol Content (BAC) – This source explains what blood alcohol content (BAC) is and how alcohol affects the body. It provides information about BAC levels, the physical and mental effects of alcohol at various levels, and how BAC is tested. The page also outlines medical reasons for BAC testing and details on legal BAC limits for driving.
- World Population Review: BAC Limits by State – This source presents an overview of blood alcohol concentration (BAC) limits for driving in each U.S. state. It includes details on per se BAC limits, enhanced penalty thresholds, and “zero tolerance” BAC limits for underage drivers. The page also covers implied consent laws and the legal consequences of exceeding BAC limits while driving.
Hire an Attorney for High BAC OVI in Hamilton County, OH
High BAC cases are serious offenses and must be treated as such. The Wieczorek Law Firm, LLC, has served the communities of Cincinnati for over 16 years, representing individuals in all manner of OVI.
If you or someone you know have been charged with a High BAC OVI, you need to contact an experienced defense attorney immediately. High BAC cases run the risk of being branded a habitual offender, even after a single incident.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.