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In Ohio, a DUI is called an OVI. There are two types of Ohio OVI offenses: (1) OVI Impaired and (2) OVI Per Se.

OVI Impaired

The first type of Ohio DUI offense is called OVI Impaired.

This charge means you are charged with driving under the influence. On your ticket this may be marked ORC 4511.19(A)(1)(a) (or a municipal ordinance).

It is not unusual for someone to be charged with both this offense and an OVI Per Se in the same case or arrest. A person who does not submit to a breath test or other chemical test can still be charged or convicted under the OVI impaired offense.

Ohio OVI Per Se

The second type of Ohio DUI offense is called OVI Per Se.This charge means you have tested over the legal limit. On your ticket this may be marked ORC 4511.19(A)(1)(b)-(x) (or a municipal ordinance).

If you take a breath test you will be charged with OVI Per Se if you tested with a Blood Alcohol Concentration of .08 or Higher.

If your breath test is over .17 you will be charged with a “high-tier” violation. This means if you are convicted the minimum penalties are higher (6 days instead of 3 days) and special license plates are mandatory.

Physical Control

A person who is not operating a vehicle may still be charged with having physical control of the vehicle while under the influence.

On your ticket this may be marked ORC 4511.194(B)(1)-(3) (or a municipal ordinance).

This is a non moving violation.  In many cases, someone who is charged with OVI may have there case reduced to a Physical Control or a Reckless Operation as part of a plea bargain.

Under Age OVI

A person under 21 with a breath test between .02 and .08, may be charged with operating a vehicle after underage consumption. On your ticket this may be marked ORC 4511.19(B)(1)-(4) (or a municipal ordinance).

The penalties for an underage OVI include: up to 30 days in jail & $250 Fine, a license suspension of 1 to 5 years, 4 points, Driving Privileges after 60 days.

The penalties for a second underage OVI include: up to 60 days in jail & $500 Fine, a license suspension of 90 days to 2 years, 4 points, Driving Privileges after 60 days.

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Adam G. Burke is a top Columbus criminal defense attorney. He represents clients in federal and state courts in Columbus, Ohio and surrounding areas. He has successfully defended men and women facing serious felony and misdemeanor charges.