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Ohio OVI Offenses


To begin, the state of Ohio calls a DUI an OVI. Furthermore, there are two types of Ohio OVI offenses: (1) OVI Impaired and (2) OVI Per Se.

OVI Impaired

An OVI Impaired is the first type of Ohio OVI offense.

This means you are charged with driving under the influence. This may appear on your ticket as ORC 4511.19(A)(1)(a) (or a municipal ordinance).

It is not unusual for someone to face 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 OVI offense is called OVI Per Se. This charge means you have tested over the legal limit. This may appear on your ticket as ORC 4511.19(A)(1)(b)-(x) (or a municipal ordinance).

If you take a breath test, and you tested with a Blood Alcohol Concentration of .08 or Higher, you will face charges for an OVI Per Se.

You will face a “high-tier” violation charge if your breath test results over .17. This means, if 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 still risks the charge of having physical control of the vehicle while under the influence.

On your ticket this appears as 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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Attorney Adam Burke Llc


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Columbus, Ohio 43206