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Sentences for Driving Under the Influence in Ohio

Sentences for Driving Under the Influence in Ohio thumbnail
The law specifies the amount of alcohol that amounts to DUI.

The Ohio law that makes provisions for DUI sentencing is Section 4511.19 of the Ohio Revised Code. This law makes it an offense for anyone to operate a motor vehicle while under the influence of alcohol or drugs. In Ohio, several interchangeable terms are ascribed to DUI-related offenses. They include Operating a Vehicle Under the Influence (OVI), Operating a Motor Vehicle Under the Influence (OMVI) and Driving Under the Influence (DUI).

  1. Ohio DUI Components

    • Ohio law defines a person driving under the influence as someone who operates a motor vehicle under certain circumstances including if the person's blood serum or plasma has a "concentration of ninety-six-thousands of one per cent or more of alcohol." A person is also under the influence if the person certain percentages of controlled substances like amphetamines, Cocaine, heroin, L.S.D., marijuana and phencyclidine.

    First and Second Offenders

    • At the time of publication, DUI conviction in Ohio is punishable by a minimum of three days in jail and a maximum of six months. Both first and second DUI convictions are misdemeanors. Such a punishment may be substituted for a mandatory driver intervention program depending on the circumstances of the case and the discretion of the presiding judge. This is in addition to a fine of up to $1,000. A second DUI conviction is punishable by no more than six months in jail but no less than 10 days. This is in addition to a fine not to exceed $1,625, but not less than $525. The court could also combine a jail term or fine with other things like house arrest and continuous alcohol monitoring. A third DUI conviction will lead to an even more substantial jail term of up to a year while a fourth conviction will include jail time and a possible permanent revocation of driving privileges.

    Driving Privileges

    • Under Ohio laws, any DUI conviction will lead to the suspension of the offender's driver's license, probationary license, nonresident vehicle operating privileges or commercial driver's license. The law specifies that the court may grant some limited driving privileges in some circumstances. Some of those circumstances include for attending court-ordered treatment, medical purposes, educational purposes and for the purpose of taking a driver's or commercial driver's license examination.

    Mandatory Drug and Alcohol Program

    • The court will order convicted DUI offenders in Ohio to participate in a mandatory alcohol and drug addiction program. The offender will have to abide by the recommendations of the program and the operator of the program will have the mandate to access and determine the level of the offender's dependence on alcohol and drugs. The operator will make a written submission of the results of his assessment to the court, including any further treatment suggestions.

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