Ohio · OVI · Checked October 2026
OVI Laws in Ohio
What Happens if You Get an OVI in Ohio?
Ohio calls it OVI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 30 days to challenge your license suspension
- First offense jail
- 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months
- First offense fine
- $565 to $1,075
- First offense license
- Class five suspension, 1 to 3 years
- Felony
- A fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony
Ohio OVI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACOhio Rev. Code § 4511.19(A)(1), (B); § 4506.15(A)(2)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (0.02 or more but less than 0.08 (whole blood or breath))
- Enhanced penalties from
- 0.17 BAC
- Lookback period
- 10 years
- Insurance filing
- proof of insurance, insurance that covers through the end of the suspension, shown at reinstatement
Ohio OVI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor of the first degree | misdemeanor of the first degree | unclassified misdemeanor |
| Jail | 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months | 10 consecutive days mandatory (20 consecutive days for a high-tier test); up to 6 months | 30 consecutive days mandatory (60 consecutive days for a high-tier test); up to 1 year |
| Fine | $565 to $1,075 | $715 to $1,625 | $1,040 to $2,750 |
| License suspension | class five suspension, 1 to 3 years | class four suspension, 1 to 7 years | class three suspension, 2 to 12 years |
| Ignition interlock | the court may grant unlimited driving privileges with an ignition interlock device |
First offense: Ohio Rev. Code § 4511.19(G)(1)(a) · Second offense: Ohio Rev. Code § 4511.19(G)(1)(b) · Third offense: Ohio Rev. Code § 4511.19(G)(1)(c)
When Penalties Are Higher
- Test result of 0.17 or more (breath or whole blood), or 0.238 urine: Higher mandatory jail: first offense 3 days in jail plus a three-day drivers' intervention program (or 6 days in jail); second offense 20 consecutive days; third offense 60 consecutive daysOhio Rev. Code § 4511.19(A)(1)(f)-(i), (G)(1)(a)-(c)
More on Ohio OVI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
Immediate administrative license suspension from the time the officer serves notice: 1 year for a first refusal within ten years, rising to 2, 3 and 5 years with prior refusals or OVI convictionsOhio Rev. Code § 4511.191(A), (B)
Official source: if you refuse a breath or blood test in Ohio
Getting a Limited Driving Privileges
A court order may allow driving for occupational, educational or medical purposes, license exams and court-ordered treatment. Not during the first 15 days of a first-offense suspension, the first 30 days after a refusal, the first 45 days for a second offense or the first 180 days for a third or later offense. The order must be a sealed court journal entry and your license cannot be expired.
Official source: getting a limited driving privileges in Ohio
Ignition Interlock
First offense: Not mandatory for every first offense; the court may grant unlimited driving privileges with an ignition interlock device Repeat offenses: Courts must order a certified ignition interlock as a condition of limited driving privileges in certain high-tier and repeat cases, and must impose restricted license plates for some repeat convictions Ohio Rev. Code § 4511.19(G)(1)(a)(iv); § 4510.13
Can an OVI Come Off Your Record?
OVI convictions cannot be sealed or expunged Convictions under Chapter 4511 of the Revised Code, which includes OVI, are excluded from sealing and expungement
Drivers Under 21
Drivers under 21 may not drive with 0.02 or more but less than 0.08 (whole blood or breath) or 0.028 to under 0.11 (urine) Misdemeanor of the fourth degree and a class six license suspension (3 months to 2 years)
Driving After Using Drugs
Yes. The same statute covers driving under the influence of alcohol, a drug of abuse or a combination, and sets per se limits for amphetamine, cocaine, heroin, LSD, marijuana, methamphetamine and PCP
More on OVI Law in Ohio
For the state's own guidance, see Ohio BMV: Alcohol and Drug Suspensions.
This page summarizes Ohio law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Ohio can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First OVI in Ohio?
Jail: 3 consecutive days (72 hours) mandatory, or a certified three-day drivers' intervention program instead; up to 6 months. Fine: $565 to $1,075. License suspension: class five suspension, 1 to 3 years.
How Long Do You Have to Request a License Hearing in Ohio?
30 days. How it is counted: your initial appearance in court on the OVI charge (you may appeal at the initial appearance or within 30 days after it). Appeal the administrative license suspension in the court where you will appear on the OVI charge. If you miss it, the suspension usually takes effect automatically.
When Is an OVI a Felony in Ohio?
A fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony.
Do You Need an Proof of Insurance After an OVI in Ohio?
Yes. How long: insurance that covers through the end of the suspension, shown at reinstatement. An proof of insurance is a form your insurer files with the state to prove you carry the required coverage.