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Ohio OVI Law | ORC 4511.19

Ohio OVI Law, commonly known as DUI and DWI, or generically as Drunkin Driving, is complex. It is in your best interest to consult an attorney to defend your interests if charged with OVI in the state of Ohio. OVILaw.com provides our attorney directory as a quick method to reach attorneys represent those charged with OVI, DUI, DWI, or OMVI in Ohio. Every effort is made to keep the enclosed information up-to-date, but should be used at your discretion. Always consult an Ohio OVI attorney. Get an Overview of Ohio OVI Penalties here.

OVI (DUI) LAW Summary

Offense Code Section Basis of Offense
DUI 4511.19 (A)(1)(a)

The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.

This is based entirely on the police officer’s observations, such as:

  1. Driving or evidence thereof;
  2. Odor of alcoholic beverage on/about the person;
  3. Speech (slurred, slow & deliberate);
  4. admissions of drinking alcoholic beverages;
  5. eyes (bloodshot & glassy) and the HGN (Pen Test);
  6. balance – unsteadiness or staggering and Standardized Field Sobriety Tests:  Walk & Turn, and One Leg Stand;
  7. Other general observations – open beer cans in vehicle, vomit on clothing or car, being passed out in parked car, mood swings, being argumentative, etc…
DUI 4511.19 (A)(1)(b)

Blood Test with a concentration of .08 – .169 of 1% by weight of alcohol in the whole blood.     

DUI 4511.19(A)(1)(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
DUI 4511.19 (A)(1)(d)

Breath Test with a .08 - .169 of 1 gram by weight (B.A.C.) per 210 liters of breath.

DUI 4511.19 (A)(1)(e)

Urine Test with a .11 - .237 weight of Alcohol per 100 milliliters of urine.

HIGH TIER or SUPER OVI's (DUI's) Summary

OVI offenses with high levels of blood-alcohol can be considered High Tier or Super OVI's and have their own revised code sections. These High Tier or Super OVI offenses typically carry additional penalties. Please consult with an Ohio OVI attorney to see what penalties may apply to your case.

Offense Code Section Basis of Offense
DUI 4511.19 (A)(1)(f)

Blood Test with a concentration equal to or greater than .17 of 1% by weight of alcohol in the whole blood.

DUI 4511.19(A)(1)(g) The person has a concentration of two hundred four-thousandths (.204) of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma
DUI 4511.19 (A)(1)(h)

Breath Test with a concentration equal to or greater than .170 of 1 gram by weight (B.A.C.) per 210 liters of breath.

DUI 4511.19 (A)(1)(i)

Urine Test with concentration equal to or greater than .238 weight of alcohol per 100 milliliters of urine.

DUI 4511.19 (A)(2)

Refusing the chemical test(s) if within 20 years of the new offense, has been previously convicted of division (A)(1) or (B) of this section or a municipal OVI offense.     

View the full version of the Ohio OVI (DUI, DWI, Drunk Driving) LAW updated 08-17-2006.

This information is intended for instructional/educational purposes or any other use permitted by the "Fair Use Doctrine."


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