Ohio OVI Laws 2026: Complete Guide

Ohio takes Operating a Vehicle Impaired (OVI) offenses very seriously, with mandatory minimum penalties and increasing consequences for repeat offenses. Understanding Ohio's OVI laws, the difference between OVI and DUI, your rights during a traffic stop, and the potential consequences is critical if you've been arrested or want to avoid an OVI charge.

What Is OVI? OVI vs. DUI

Ohio is one of the few states that uses "OVI" instead of "DUI" or "DWI".

OVI = Operating a Vehicle Impaired (ORC § 4511.19)

• Ohio changed from "DUI" to "OVI" in 1982
• "Operating" instead of "Driving" - broader term (includes being in physical control)
• "Vehicle" not just "Motor Vehicle" - includes cars, motorcycles, boats, ATVs, golf carts, bicycles with motors
• "Impaired" - covers alcohol, drugs (illegal and prescription), or any substance affecting ability

Two Ways to Be Charged with OVI

Ohio law provides two separate grounds for OVI (ORC § 4511.19(A)):

1. "Per Se" OVI: Operating vehicle with BAC of 0.08% or higher (concentration of alcohol in breath, blood, or urine)
2. "Impairment" OVI: Operating vehicle while under the influence of alcohol, drug of abuse, or combination - to a degree that impairs your ability to operate the vehicle

Important: You can be convicted of OVI even with BAC below 0.08% if prosecution proves you were impaired.

Legal BAC Limits in Ohio

Important: BAC of 0.17%+ triggers enhanced penalties including mandatory yellow license plates and longer ignition interlock requirements.

OVI Penalties in Ohio

First Offense OVI (First Degree Misdemeanor)

• Jail Time: 3 days to 6 months (may substitute 3 days with driver intervention program)
• Fines: $375 to $1,075 (plus court costs typically $150-$300)
• License Suspension: 1 year (can apply for limited driving privileges after 15 days)
• If BAC 0.17%+: 6 days jail (may substitute with intervention program + 3 days), ignition interlock for license reinstatement
• If Refuse Test: Mandatory minimum 3 days jail, suspension increased
• Driver Intervention Program: 3-day educational program (required)

Second Offense OVI (within 10 years)

• Jail Time: Mandatory minimum 10 days to 6 months (NO SUBSTITUTION - must serve)
• Fines: $525 to $1,625
• License Suspension: 1 to 7 years (can apply for privileges after 45 days if install ignition interlock)
• Vehicle Immobilization: 90 days (or vehicle forfeiture)
• Ignition Interlock: Required for reinstatement and limited driving privileges
• Yellow License Plates: "Party Plates" required (restricted plates)
• If BAC 0.17%+: 20 days jail minimum, longer ignition interlock

Third Offense OVI (within 10 years)

• Jail Time: Mandatory minimum 30 days to 1 year (NO SUBSTITUTION)
• Fines: $850 to $2,750
• License Suspension: 2 to 12 years
• Vehicle Forfeiture: Vehicle subject to immobilization or forfeiture
• Ignition Interlock: Required (typically entire suspension period)
• Yellow License Plates: Mandatory

Fourth Offense OVI (within 10 years) - FELONY

Fourth Degree Felony (ORC § 4511.19(G)(1)(c)):

• Prison: 6 to 30 months (state prison, not county jail)
• Fines: $1,350 to $10,500
• License Suspension: 3 years to lifetime (can petition for reinstatement after 8 years)
• Vehicle Forfeiture: Permanent forfeiture of vehicle
• Felony Record: Affects employment, voting rights, gun ownership
• Ignition Interlock: Lifetime requirement if privileges granted

Fifth+ Offense OVI - FELONY

Third Degree Felony (ORC § 4511.19(G)(1)(d)):

• Prison: 1 to 5 years
• Fines: Up to $10,500
• License Suspension: Permanent lifetime suspension
• Vehicle Forfeiture: Permanent

OVI with Serious Injury or Death

Aggravated Vehicular Assault / Vehicular Homicide (ORC § 2903.08):

• Vehicular Assault: Fourth degree felony (6-18 months prison)
• Vehicular Homicide: Second degree felony (2-8 years prison)
• Aggravated Vehicular Homicide: First degree felony (3-11 years)

Yellow License Plates ("Party Plates")

Ohio's distinctive yellow restricted license plates (ORC § 4503.231):

When Required

• Second or subsequent OVI conviction
• First OVI with BAC 0.17% or higher (judge's discretion)
• Operating vehicle under OVI suspension

What They Mean

• Yellow background with red lettering
• Identifies driver has OVI history
• Required on ALL vehicles registered to offender
• Must display for duration of court order (typically until license reinstated)
• Nicknamed "scarlet letter plates" or "party plates"

Cost and Compliance

• $160 fee for restricted plates
• Spouse/family vehicles registered to offender also require yellow plates
• Driving vehicle without required yellow plates = additional criminal charge

Administrative License Suspension (ALS)

Ohio's immediate license suspension system (ORC § 4511.191):

How ALS Works

1. At Arrest: Officer confiscates license if you fail or refuse chemical test
2. Immediate Suspension: ALS begins immediately (not 40 days like some states)
3. Temporary Permit: Officer issues temporary permit (valid until court appearance or ALS hearing)
4. Duration of ALS:
   • Failed test - First offense: 90 days
   • Refused test - First offense: 1 year
   • Failed test - Second offense: 1 year
   • Refused test - Second offense: 2 years

ALS Appeal Process

• File appeal within 30 days of arrest
• Filing fee: approximately $40-$50
• Hearing scheduled within 5 days (expedited)
• Limited scope - hearing officer only determines if:
  • Officer had reasonable grounds for stop
  • Officer had probable cause for arrest
  • Test was administered properly (or refusal occurred)
• Appeal hearing is separate from criminal OVI case

Limited Driving Privileges During ALS

• Can apply for limited driving privileges (also called "occupational license" or "work privileges")
• First offense: Can apply after 15 days of suspension
• Allows driving for work, school, medical appointments, court-ordered obligations
• Must install ignition interlock device (IID)
• Must show proof of SR-22 insurance

Ignition Interlock Device (IID)

When Required in Ohio

• All second and subsequent OVI offenses (mandatory)
• First offense with BAC 0.17%+ (mandatory)
• To obtain limited driving privileges during suspension
• As condition of license reinstatement

How It Works

• Device installed in vehicle by certified installer
• Must blow into device to start vehicle (BAC must be below 0.025%)
• Random "rolling retests" while driving (every 5-30 minutes)
• Records all tests, failures, and tampering attempts
• Monthly monitoring and data download required
• Violations reported to BMV and court

Costs

• Installation: $70-$150
• Monthly lease/monitoring: $60-$100
• Removal: $50-$100
• Total for 1 year: $850-$1,400

IID Violations

Violations that can extend IID requirement or result in prosecution:

• Failing breath test (BAC above 0.025%)
• Missing rolling retest
• Tampering with device
• Circumventing device (having someone else blow)
• Missing monitoring appointment

Your Rights During OVI Stop

During the Traffic Stop

• You must: Provide driver's license, registration, and proof of insurance
• You have right to: Remain silent (except for basic identification)
• You do NOT have to: Answer "have you been drinking?" or other incriminating questions
• You do NOT have to: Perform field sobriety tests (FSTs) - these are VOLUNTARY in Ohio
• Politely decline: "Officer, I respectfully decline to perform field sobriety tests."

After Arrest - Chemical Testing

• Implied Consent Law: By driving in Ohio, you've consented to chemical testing if arrested (ORC § 4511.191)
• You must choose: Breath, blood, or urine test (officer's choice which is offered)
• Consequences of Refusal:
  • Automatic 1-year ALS (first offense)
  • Refusal used against you at trial
  • Mandatory minimum 3 days jail if convicted
  • Enhanced penalties
• Right to Independent Test: You can request independent test at your own expense

Should You Refuse Testing?

Pros of refusal:

• No BAC evidence for prosecution
• May be harder for State to prove "per se" OVI

Cons of refusal:

• Automatic 1-year license suspension (vs. 90 days for failed test)
• Refusal admitted as evidence at trial (shows consciousness of guilt)
• Mandatory 3 days jail if convicted
• Judge and jury may view refusal negatively

OVI Checkpoints in Ohio

Ohio allows sobriety checkpoints (ORC § 4511.01):

Legal Requirements

• Must be publicly announced in advance
• Neutral, predetermined selection process (every car or every 3rd car, etc.)
• Safety and visibility measures required
• Supervisory oversight

Your Rights at Checkpoints

• You must stop when directed
• Provide license, registration, insurance
• You do NOT have to answer questions beyond identification
• You do NOT have to consent to vehicle search
• You do NOT have to perform field sobriety tests
• Turning around to avoid checkpoint is legal (if done safely and legally)

Common OVI Defenses

Procedural Defenses

• No Reasonable Suspicion: Officer lacked legal reason to stop you
• Improper Checkpoint: Sobriety checkpoint didn't follow legal requirements
• Violation of Rights: Improper questioning, illegal search
• Chain of Custody: Blood/urine sample mishandled

Technical Defenses

• Breathalyzer Issues: Machine not properly calibrated (Ohio requires calibration records)
• Observation Period Violation: Officer must observe for 20 minutes before breath test
• Rising BAC: BAC was below limit while operating, rose by time of test
• Mouth Alcohol: GERD, burping, dental work, mouthwash affecting test
• Blood Test Contamination: Improper storage, fermentation

Factual Defenses

• Not Operating: Not in actual physical control of vehicle
• Not Impaired: Failed FSTs due to medical condition, injury, nervousness
• Medical Conditions: Diabetes, hypoglycemia, neurological conditions
• Necessity: Emergency required driving

Total Cost of OVI in Ohio

Frequently Asked Questions

What does OVI stand for in Ohio?

OVI stands for "Operating a Vehicle Impaired." Ohio changed from DUI to OVI in 1982. The term is broader - "operating" includes being in physical control even if not actively driving, "vehicle" includes all types (not just motor vehicles), and "impaired" covers alcohol and any drug. While people colloquially say "DUI," the correct legal term in Ohio is OVI.

Can I refuse field sobriety tests in Ohio?

Yes. Field sobriety tests (walk-and-turn, one-leg stand, HGN eye test) are VOLUNTARY in Ohio. You can politely decline without penalties. However, refusing the chemical test (breath, blood, urine) AFTER arrest triggers a 1-year automatic license suspension and mandatory jail time if convicted.

Will I go to jail for first OVI in Ohio?

Jail is possible (3 days to 6 months for first offense), but you may be able to substitute the mandatory 3-day minimum with a driver intervention program. Many first-time offenders also receive probation instead of longer jail sentences. An attorney can help negotiate alternatives. If you refused testing, the minimum 3 days in jail is mandatory and cannot be substituted.

What are the yellow license plates in Ohio?

Ohio's yellow "party plates" or "scarlet letter plates" are restricted license plates with yellow background and red lettering. They're required for second and subsequent OVI offenses, and sometimes for first offense with BAC 0.17%+. They identify the driver as having an OVI history and must be displayed on ALL vehicles registered to the offender.

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

An OVI conviction stays on your criminal record permanently. OVI convictions generally cannot be sealed or expunged in Ohio. The conviction also stays on your BMV driving record permanently and counts as a "prior offense" for enhanced penalties if you get another OVI within 10 years (or even longer for felony enhancements).

Can I get an OVI expunged in Ohio?

Generally NO. Ohio law specifically prohibits sealing or expunging OVI convictions under ORC § 2953.36. Very limited exceptions exist if charges were dismissed, you were acquitted, or the case was diverted (extremely rare for OVI). A conviction remains on your record permanently.

What is the lookback period for OVI in Ohio?

Ohio uses a 10-year lookback period for enhanced OVI penalties (and a 6-year lookback for certain purposes). If you get a second OVI within 10 years of the first, you face mandatory 10 days jail and enhanced penalties. However, for determining felony OVI (4th offense), Ohio looks back 20 years.