All states aggressively enforce the laws regarding Driving Under the Influence of Alcohol or Drugs (DUI) also referred to as Operating a Vehicle Under the Influence (OVI). One of the largest uniform changes occurred in 2000 when Congress lowered the national legal limit or threshold for Blood Alcohol Content (BAC) at .08 in any one person.  Also, the ceiling for those under the legal drinking age of 21 is .02 and for those driving commercially (CDL) the limit is .04.

Those convicted of OVI face a host of penalties that may include fines, a license suspension, and jail time. For these purposes, it’s recommended those charged with OVI seek legal advice from an attorney with experience in defending DUI and OVI laws. The lawyers at Pater, Pater & Halverson Company, explain the changes to Ohio’s DUI/OVI penalty laws.

Ohio Changes to OVI Driving Privileges

Administrative License Suspension

Holders of an Ohio Driver’s License are bound by the rules of implied consent. If you are arrested for driving while intoxicated and refuse to submit to a breathalyzer or blood test, per Ohio law, your driving privileges are immediately suspended. This administrative license suspension (ALS) is based solely on the refusal to consent, independent of any outcomes of the OVI arrest. The suspension is a Class C which for a 1^st offense is a period of 1 year. There is an appeals process associated with the suspension that could be further discussed with your DUI attorney or criminal lawyer. 

Minimum Penalties

Before an Ohio law change in September 2016, an offender was eligible for occupational driving privileges after a period of 15 days, allowing them to drive to work, school, or other court requirements. Now, however, the minimum penalties for those convicted of their first OVI in 6 years include three days in jail, a $250 fine, and a 6-month license suspension. The license suspension is a Class 5 suspension which can range from 6-months to 3 years. 

Ignition Interlock Devices

A device which connects to the ignition system that analyzes the breath of the person attempting to start the motor vehicle may be installed in conjunction with the court’s allowing for limited driving privileges. This device disables the vehicle’s ignition system until the driver submits a breath sample that is adequate to test for alcohol consumption. Such devices are also referred to as “immobilizing or disabling” devices.

New Discretionary Privilege Option

In September 2016 there was a change to the Ohio Revised Code 4510.021 regarding limited driving privileges. Ohio judges now have the discretion of allowing for driving privileges for “other purposes that the court determines are appropriate.” This change gives the court further latitude for the offender to conduct other necessary errands and such. The court may require the offender’s vehicle be equipped with an ignition interlock or immobilizing device, and restricted license plates which indicate limited driving privileges are in effect. 

Have you been charged with operating a vehicle while intoxicated? The firm of Pater, Pater & Halverson Co. has been representing their clients throughout Butler County for over 100 years now.  Contact the office today at (513) 867-1411 to discuss your case with an attorney.