Ohio OVI Laws: Penalties, BAC Limit & License (2026)

In Ohio the offense most states call DUI is named operating a vehicle under the influence (OVI), and Revised Code 4511.19 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first OVI within 10 years is a first-degree misdemeanor carrying a mandatory minimum of three days, a fine starting at $565, and a license suspension of at least one year.

This guide is part of our DUI Laws by State series.

What counts as an OVI in Ohio

Ohio's impaired-driving statute, Revised Code 4511.19, defines the offense as operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Subsection (A)(1)(a) is the impairment theory, while the per se subsections make it unlawful to operate with a BAC of 0.08 percent or more by breath or blood. A prosecutor can charge either theory, so a driver under 0.08 can still be convicted on proof of impairment. The statute also sets a high-test tier at 0.17 percent and higher, which carries heavier mandatory penalties, and drivers under 21 fall under the operating-a-vehicle-after-underage-consumption (OVUAC) rule in subsection (B), which bars driving with a BAC of 0.02 percent or more. Commercial drivers face a 0.04 percent limit, but that limit sits in a different statute: Revised Code 4506.15(A)(2) bars driving a commercial motor vehicle with an alcohol concentration of four-hundredths of one percent or more by whole blood or breath. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration reflects.

First-offense OVI penalties in Ohio (jail, fines, suspension)

A first OVI within 10 years is a misdemeanor of the first degree under Revised Code 4511.19(G)(1)(a). The statute requires a mandatory minimum jail term of three consecutive days (72 hours) up to a maximum of six months, and a fine of not less than $565 nor more than $1,075. The court may substitute a certified 72-hour driver intervention program for the three mandatory days in a standard first offense. A high-test first offense, meaning a BAC of 0.17 percent or more, carries a mandatory jail term of at least three consecutive days plus a requirement to attend a three-day certified drivers' intervention program under 4511.19(G)(1)(a)(ii). That mandatory jail term rises to at least six consecutive days only if the court finds the offender is not conducive to treatment in the program, the offender refuses to attend, or the jail where the term is served can provide the program itself. The court must also impose a suspension of one to three years under 4511.19(G)(1)(a)(iv). The first OVI conviction adds six points to the driving record, and the court may order restricted yellow plates and an ignition interlock device.

Watch out: The BMV administrative license suspension and the criminal court case run on separate tracks. You can resolve the criminal charge and still serve a BMV suspension, and you generally must appeal the administrative suspension at your initial court appearance within a short window after arrest.

Ignition interlock requirements in Ohio

Ohio does not impose an automatic ignition interlock device (IID) on every first OVI, but the device is central to getting back on the road during a suspension. Under Revised Code 4510.022, enacted as part of Annie's Law, a first-time offender may petition the court for unlimited driving privileges if the offender installs a certified IID and, for a high-test reading, continuous alcohol monitoring. The court can also order an IID as a condition of any limited driving privileges granted during the suspension. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading for the court. For repeat offenders, an IID becomes mandatory rather than discretionary.

License suspension and the administrative (ALS) process in Ohio

Ohio runs two suspension systems at once. The administrative license suspension (ALS) is an immediate BMV action taken at arrest under Revised Code 4511.191 and 4511.197, separate from the criminal court outcome. For a first offense, the Ohio BMV imposes a 90-day suspension for failing the chemical test and a one-year suspension for refusing it. The arresting officer takes the physical license, and the suspension begins immediately, subject to the driver's right to appeal at the initial appearance. If the court later convicts the driver, a separate court suspension of one to three years applies, with credit for overlapping ALS time. To reinstate, a driver must serve the suspension, pay the reinstatement fee, and show proof of insurance, which often means filing an SR-22 certificate.

Repeat offenses and the Ohio look-back period

Ohio counts prior OVIs within a 10-year look-back window, so penalties escalate sharply for offenses inside that period. A second OVI within 10 years carries a mandatory minimum of 10 days (or a longer term with monitoring), higher fines, and a one-to-seven-year suspension. A third OVI within 10 years carries a mandatory minimum of 30 days and a longer suspension. The felony threshold sits at the fourth offense: under Revised Code 4511.19, a fourth OVI within 10 years, or a sixth within 20 years, is a fourth-degree felony, punishable by a mandatory prison term, a fine of up to $10,500, a suspension of three years to life, restricted plates, an IID, and possible vehicle forfeiture. A separate count of aggravated vehicular assault or aggravated vehicular homicide involving alcohol is a felony regardless of offense number.

Watch out: Refusing a chemical test does not avoid a suspension and usually makes it worse. A first refusal triggers a one-year BMV suspension, far longer than the 90-day suspension for failing the test, and the refusal can be used against you in court.

Refusing a breath or blood test in Ohio

Ohio's implied consent law in Revised Code 4511.191 means that by driving in the state, you have agreed to submit to a chemical test of breath, blood, or urine if lawfully arrested for OVI. According to the Ohio BMV, a first refusal results in a one-year administrative suspension, and repeat refusals within 10 years bring longer suspensions, up to five years. These refusal suspensions are administrative and apply on top of any criminal penalties. Because the one-year refusal suspension is far longer than the 90-day suspension for failing the test, refusing rarely helps. Drivers who refuse on a first offense generally cannot get limited driving privileges during the first 30 days, and an officer may seek a warrant to draw blood in serious cases.

Can you expunge or seal an OVI in Ohio

Ohio does not allow an OVI conviction to be expunged or sealed. Revised Code 2953.32(A)(1) excludes convictions under Chapter 4511 of the Revised Code from sealing and expungement, and a conviction under 4511.19, including a first-offense misdemeanor OVI and OVUAC, falls within that exclusion. There is no waiting period that unlocks relief and no judicial discretion to override it, which is why an OVI conviction stays on the driving and criminal record permanently. The picture is different when the charge does not end in a conviction: an OVI that was dismissed or resulted in acquittal can often be sealed under the dismissal-sealing provisions, and a charge reduced to a non-OVI offense such as reckless operation may be eligible. Because the conviction itself cannot be sealed, many drivers focus on the underlying case before any plea.

What to do after an OVI arrest in Ohio

An Ohio OVI generates two cases at once: a criminal case in the municipal or county court and an administrative license case at the BMV. The deadlines are short, so a common first step is to be ready to appeal the administrative license suspension at the initial court appearance, because the ALS takes effect at arrest. The criminal case proceeds on its own schedule through arraignment, pretrial, and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. With the ALS appeal due at the initial court appearance, get a free consultation from an Ohio OVI attorney on the court and BMV cases before that date (attorney advertising). Keep the arrest paperwork, any temporary permit, and the test results in a safe place.

More Ohio Laws

• Ohio Expungement Laws
• Ohio Warrant Search

Frequently Asked Questions

What is the BAC limit in Ohio?

The per se limit is 0.08 percent BAC for drivers 21 and older under Revised Code 4511.19, and drivers under 21 face a 0.02 percent zero-tolerance limit under the OVUAC law in 4511.19(B). Commercial drivers are limited to 0.04 percent under a separate statute, Revised Code 4506.15(A)(2). A reading of 0.17 percent or more triggers high-test penalties.

How long do you lose your license for a first OVI in Ohio?

A first OVI conviction carries a court suspension of one to three years. Separately, the BMV imposes an administrative suspension at arrest: 90 days for failing the chemical test or one year for refusing it, even before any conviction.

Is a first OVI a felony in Ohio?

No. A first OVI within 10 years is a first-degree misdemeanor. An OVI becomes a fourth-degree felony on the fourth offense within 10 years or the sixth within 20 years, and aggravated vehicular assault or homicide is a felony regardless of offense number.

Do you need an interlock for a first OVI in Ohio?

Not automatically. Under Annie's Law (Revised Code 4510.022), a first offender can petition for unlimited driving privileges by installing an ignition interlock device, and the court may order an IID as a condition of limited privileges. The device is mandatory for repeat offenders.

What happens if you refuse a breathalyzer in Ohio?

Under implied consent, refusing the chemical test triggers a one-year BMV suspension for a first refusal, far longer than the 90-day suspension for failing the test. Repeat refusals within 10 years bring suspensions up to five years, and the refusal can be used as evidence.

How long does an OVI stay on your record in Ohio?

An OVI counts as a prior for 10 years under Ohio's look-back period, and because the conviction cannot be sealed under Revised Code 2953.32(A)(1), it stays on the criminal and driving record permanently.

Can you get an OVI expunged in Ohio?

No. An OVI conviction is excluded from sealing and expungement under Revised Code 2953.32(A)(1). Only an OVI that was dismissed, ended in acquittal, or was reduced to a non-OVI offense like reckless operation may be eligible for sealing.

What is the look-back period for OVI in Ohio?

Ohio uses a 10-year look-back period for most enhancements, so prior OVI convictions within 10 years escalate a later offense. A separate 20-year window applies to the sixth-offense felony threshold.