Ohio DUI Laws: Legal Alcohol Limit and OVI Penalties

Last verified: October 30, 2026 against ORC 4511.19 (version effective April 9, 2025, House Bill 37) and ORC 4511.191

Ohio DUI laws use a different name than most states: the offense is OVI, short for operating a vehicle under the influence. It covers alcohol, drugs or both, and you can be charged even if you are under the legal limit. This page explains the limits, the penalties for a first offense and repeat offenses, what happens to your license, and how checkpoints and breath tests work.

What is the legal limit for alcohol in Ohio?

For adults 21 and older, the legal alcohol limit is 0.08 percent blood alcohol concentration (BAC). Ohio sets matching limits for each kind of test (ORC 4511.19(A)(1)).

Test	Standard limit (0.08 tier)	High tier (0.17 tier)	Under 21
Whole blood	0.08%	0.17%	0.02%
Breath (per 210 liters)	0.08 grams	0.17 grams	0.02 grams
Urine (per 100 mL)	0.11 grams	0.238 grams	0.028 grams

The limit is not a safe-driving line. Under ORC 4511.19(A)(1)(a), an officer can charge you for driving “under the influence” at any number if your driving and behavior show impairment.

Commercial drivers face 0.04 BAC in blood or breath (ORC 4506.15). Drivers under 21 face the 0.02 limit in ORC 4511.19(B), which brings 4 points rather than 6. Our guide to Ohio liquor laws covers the drinking age and the other alcohol rules.

Ohio DUI laws on a first offense

A first OVI is a first-degree misdemeanor with a mandatory three days in jail, which a court can replace with a driver intervention program. The fine is $565 to $1,075, and your license is suspended for one to three years (ORC 4511.19(G)(1)(a)).

For a first or second offense, total jail time cannot add up to more than six months. At 0.17 BAC or higher, the court must order at least three days in jail plus a three-day driver intervention program, or at least six days in jail.

Every OVI conviction also adds 6 points to your driving record. Ohio’s point system is set in ORC 4510.036, and the Ohio BMV tracks the points. Courts may grant limited driving privileges, and some offenders must use an ignition interlock device.

Penalties for second, third and felony OVI

Penalties rise with each prior OVI conviction in the last 10 years, and a fourth or fifth conviction in 10 years, or a sixth in 20, becomes a felony.

Offense	Level	Mandatory jail	Fine	License suspension
First	M1	3 days (6 if BAC 0.17+)	$565 to $1,075	1 to 3 years
Second in 10 years	M1	10 days (20 if 0.17+)	$715 to $1,625	1 to 7 years
Third in 10 years	M1	30 days (60 if 0.17+)	$1,040 to $2,750	2 to 12 years
Fourth or fifth in 10 years, or sixth in 20	F4	60 days (120 if 0.17+)	$1,540 to $10,500	Class 2 (3 years to life)
Prior felony OVI	F3	60 days (120 if 0.17+), more prison possible	$1,540 to $10,500	Class 2 (3 years to life)

The ranges come from ORC 4511.19(G), with the general sentencing rules in ORC 2929.24, ORC 2929.28, ORC 2929.14 and ORC 2929.18. On a second offense, a car registered in your name can be immobilized and its plates impounded for 90 days. After a third offense, the vehicle can be forfeited.

New Ohio DUI law: Liv’s Law and the felony changes

The newest OVI law is House Bill 37 of the 135th General Assembly, known as Liv’s Law. The legislature finished it on December 18, 2024, the governor signed it in January 2025, and it took effect on April 9, 2025.

• Minimum fines went up. A first offense moved from $375 to $565. Maximum fines did not change.
• License reinstatement fees dropped, from $475 in total to $315.
• Aggravated vehicular homicide caused by a drunk driver now carries up to a $25,000 fine and tiered prison terms. Terms run 2 to 8 years with no priors, up to 12 to 20 years with three or more qualifying priors in 20 years.
• Police can collect oral fluid (saliva) to test for drugs. Oral fluid is now part of implied consent, so refusing carries the same consequences as refusing a breath, blood or urine test.
• Ignition interlock rules are tougher for repeat offenders.

Are DUI checkpoints legal in Ohio?

Yes. Sobriety checkpoints (also called OVI checkpoints) are legal in Ohio if police follow strict rules. Ohio courts rely on the U.S. Supreme Court case Michigan Department of State Police v. Sitz and on a four-part test from the Ohio appeals case State v. Goines (1984), which involved a roadside safety-inspection checkpoint and is now applied to sobriety checkpoints.

• The location is chosen for safety and visibility.
• Clear advance warning signs are posted, lit at night.
• Uniformed officers and marked cars are visible.
• Senior officers set the location, time and procedure ahead of time using neutral criteria, not a hunch about one driver.

If a checkpoint breaks these rules, a court can throw out the evidence. In State v. Williams (2009-Ohio-970), the First District Court of Appeals upheld a 2008 checkpoint even though one driver missed the warning sign.

Breath tests, refusal and your license

Ohio uses implied consent: by driving, you agree to a chemical test if you are arrested for OVI. Refusing a test does not make the case go away and can cost you your license right away (ORC 4511.191).

Situation	Administrative suspension
Refuse the test, no priors	1 year (Class C)
Fail the test (0.08 or more), no priors	3 months (Class E)
Refuse with one prior in 10 years	2 years (Class B)
Fail the test with one prior in 10 years	1 year (Class C)

These suspensions start when the officer hands you the notice, before any trial. Time served on it is credited against a court-ordered suspension. You can appeal at your first court appearance or within 30 days afterward, but the appeal does not stop the suspension unless the judge grants a stay (ORC 4511.197).

Refusal becomes a crime when you have a prior OVI conviction within 20 years. Since Liv’s Law, that includes refusing an oral fluid test.

Driving after marijuana or other drugs

Ohio OVI also covers drugs. The marijuana limit is 2 ng/mL in blood or serum or 10 ng/mL in urine (ORC 4511.19(A)(1)(j)), and the law lists limits for cocaine, methamphetamine and other drugs. Our guide to marijuana law in Ohio covers the cannabis rules in more detail.

Real scenarios

• A first stop after a few beers. A Columbus driver blows a 0.09 on the station breath test. That is a first OVI: three days in jail or an intervention program, a fine of at least $565 and an administrative suspension of three months.
• A refusal with a prior. A Dayton driver with an OVI from six years ago refuses a breath test. The BMV suspends the license for two years right away, and the refusal is itself a crime.

Ohio compared with neighboring states

Michigan, Indiana, Kentucky, West Virginia and Pennsylvania also use 0.08 as the general adult limit. What differs is the name of the charge and the penalty. Michigan, for example, calls it OWI. Ohio sets its own penalties, such as the three-day minimum for a first offense and the 10-year lookback for repeat offenses.

Frequently asked questions

What is the legal BAC in Ohio?

The legal BAC for adult drivers is 0.08 percent. Commercial drivers have a 0.04 limit and drivers under 21 have a 0.02 limit. A 0.17 reading or higher puts you in a high tier with longer mandatory jail time under ORC 4511.19. You can still be charged below the limit if you are impaired.

What are Ohio’s DUI laws for a first offense?

A first offense is a first-degree misdemeanor. You face at least three days in jail, or a driver intervention program, a fine of $565 to $1,075 and a license suspension of one to three years. You also get 6 points. Courts can grant limited driving privileges in some cases.

Are OVI checkpoints legal in Ohio?

Yes. Ohio courts allow sobriety checkpoints that follow set safeguards: a safe, visible location, advance warning signs, uniformed officers and a neutral plan set ahead of time by supervisors. If police skip these steps, a lawyer can ask the court to suppress the evidence.

Can you refuse a breath test in Ohio?

You can say no, but you lose your license fast. A first refusal with no priors brings a one-year administrative suspension under ORC 4511.191. If you have a prior OVI conviction within 20 years, refusing is also a separate crime. Talk to a lawyer quickly about an appeal.

When does a DUI become a felony in Ohio?

A fourth or fifth OVI within 10 years, or a sixth within 20 years, is a fourth-degree felony. A prior felony OVI makes the new charge a third-degree felony. Both carry a mandatory 60 days of confinement, or 120 days for a high-tier BAC, plus fines up to $10,500.

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