Driving under the influence, or “DUI,” and driving while intoxicated (DWI) are criminal offenses in the state of Ohio. State law relating to driving a vehicle while impaired differs from legislation you’ll encounter in most other states. Ohio’s Operating a Vehicle Impaired (OVI) charges happen when you’re found driving or in physical control of a vehicle with a Blood Alcohol Concentration (BAC) of .08 or higher, whether from alcohol, controlled substances, or other chemical substances. Suppose you’ve been charged with a DUI, OVI, or DWI. In that case, it’s crucial to partner with a Columbus, Ohio, lawyer experienced in impaired and drunk driving cases who thoroughly understands how these charges apply and has a solid understanding of Ohio’s vehicular laws.
Driving a vehicle under the influence of alcohol in Ohio can lead to severe consequences, from substantial fines to extended jail time. An OVI offense often results in substantial fines, community service, license suspension, probation, or even imprisonment. With decades of experience in vehicular law, Jay Perez Law can strengthen your DUI, OVI, or DWI defense with a seasoned DUI attorney in Columbus, Ohio, who is familiar with local legislation and its implications on your case. We’ve helped Ohio residents navigate various vehicle-related offenses, including:
- First, Second, and Third OVI
- DUI/OVI Involving Marijuana
- Underage OVI
- DUI With Prescription Drugs
- Refusal to Submit to Testing
- Felony DUI or OVI
- And More
With 24/7 support, personalized services, decades of knowledge, understanding attorneys, and remote meetings, Jay Perez Law is Ohio’s top-rated firm for vehicle-related cases. Our Columbus OVI and DUI lawyers are here to ensure your case is handled correctly and you receive the best possible outcome available. Contact us to experience how our partnership can transform your case and lead to a successful outcome.
Sentencing Guidelines
When facing DUI charges, it’s crucial to understand the sentencing guidelines that can vary significantly at both the federal and state levels. Ohio has its own set of DUI laws and penalties, but broader federal regulations may influence these in some instances. Navigating these complex guidelines requires a comprehensive understanding of the distinctions between state and federal law, ensuring that your defense is tailored to the specific circumstances of your case.
Federal
Regarding criminal cases in Ohio, in federal court, the United States Federal Sentencing Guidelines apply to those convicted of felonies and Class A misdemeanors. The guidelines determine sentences based on two factors: the conduct associated with the offense and the defendant’s criminal history.
There are 43 offense levels and 6 criminal history categories. There are 4 sentencing zones that determine incarceration length. The offense level and the criminal history category determine which zone your matter will fall into. Modifications to these are called adjustments. Furthermore, there can be departures during sentencing, meaning deviations upward or downward from the guidelines, depending on several specific circumstances.
Federal law is multifaceted, and being found guilty under federal law typically involves strict punishments and long prison terms. If you’re facing federal charges, you must hire a DUI or OVI lawyer with considerable experience navigating the federal system. Our DUI lawyers in Columbus, Ohio, take a personalized approach to every case, ensuring your voice is heard and respected throughout the entire process.
Ohio
Ohio classifies Misdemeanors into 5 levels: M1, M2, M3, M4, and MM. M1 is the most serious, and MM (Minor misdemeanor) is the least serious. Felony offenses are classified into 5 levels: F1, F2, F3, F4, and F5. First-degree felonies are the most serious category, while fifth-degree felonies are the least serious. With both misdemeanors and felonies, numerous factors can determine a sentence.
| Felony Level | Prison Time | Maximum Fine |
|
F1 |
3-11 years |
$20,000 |
|
F2 |
2-8 years |
$15,000 |
|
F3 |
12-60 months** or 9-36 months |
$10,000 |
|
F4 |
6-18 months |
$5,000 |
|
F5 |
6-12 months |
$2,500 |
**Longer sentence range applies to aggravated vehicular homicide and assaults, sexual battery, gross sexual imposition, sex with a minor, and robbery and burglary with two or more separate aggravated or non-aggravated robberies or burglaries, as well as certain F-3 drug offenses
| Misdemeanor Level | Jail Time | Maximum Fine |
|
M1 |
Up to 180 days |
$1,000 |
|
M2 |
Up to 90 days |
$750 |
|
M3 |
Up to 60 days |
$500 |
|
M4 |
Up to 30 days |
$250 |
|
MM |
None |
$150 |
Ohio’s sentencing guidelines are complex and influenced by countless factors, making it overwhelming to navigate them alone. Partner with trusted drunk driving lawyers in Columbus to understand and steer through Ohio’s vehicular laws properly.
Are you facing a negative sentence in the Ohio legal system? Our Columbus, Ohio-based attorneys at Jay Perez Law are well-versed in DUI, OVI, and DWI cases. With our requisite experience, passion for individuals, and transformative insight to navigate the complex waters of Ohio’s vehicular laws, we help residents minimize their sentences to the greatest extent possible.
FAQs About DUIs & OVIs in Ohio
What is Ohio’s legal limit?
The legal limit for DUI in Ohio is 0.08% Blood Alcohol Concentration (BAC). If you test over that, you’ll be charged with an OVI. If you test over 0.17% BAC, you’ll be subjected to additional DUI penalties. For those under 21, Ohio’s Zero Tolerance Law sets a 0.02% BAC limit.
→ Read our blog about DUI vs OVI to understand your rights.
What happens with your first DUI in Ohio?
A first-offense DUI in Ohio is a first-degree misdemeanor, which can result in the following consequences:
- Jail time: 3 days to 6 months (or a 3-day driver intervention program)
- Fines ranging from $565–$1,075
- License suspension: 6 months to 3 years
- Possible restricted driving privileges
Getting a second or third DUI in Ohio can drastically increase your penalties. Read our blog about DUIs in Ohio to learn more about extreme charges and consequences. If you’ve been charged with your first, second, third, or more DUIs, our drunk driving lawyers in Columbus can help. Contact us today to receive the representation you need.
Is your license suspended immediately after a DUI in Ohio?
Yes, your driver’s license can be immediately suspended if you:
- Refuse a blood, breath, or urine test, OR
- Take the test, and your BAC is over the legal limit (0.08% for adults operating non-commercial vehicles)
The length of your suspension is based on your prior offenses and whether you refused or failed the test. Often, the police officer will immediately take your driver’s license. You’ll receive a notice of suspension before you leave the scene or are released from custody. If you’ve refused testing or have failed the test, reach out to our DUI lawyers in Columbus, Ohio, for the representation you need.
What are the new DUI laws in Ohio in 2025?
As of April 2025, there have been key changes to Ohio’s DUI alcohol laws.
Higher Financial Penalties
→ First offense: The minimum fine has risen from $375 to $565.
→ Second offense: The minimum fine has increased to $715, up from the previous $525.
→ Third offense: The minimum fine has increased from $850 to $1,040.
→ Fourth or additional offenses: The minimum penalty has grown from $1,350 to $1,540.
The maximum fine amounts remain unchanged.
Reduced License Reinstatement Fee
The cost to reinstate a driver’s license following an OVI suspension has been lowered from $475 to $315.
Ignition Interlock Device (IID) Updates
Repeat OVI offenders, and some first-time offenders with previous physical control convictions, are now required to install an IID. Courts now have the discretion to remove the 15-day hard suspension for first-time offenders who agree to chemical testing and have no history of physical control violations. For a second OVI offense, a 45-day hard suspension is imposed, and an IID must be installed. If a driver refuses testing, a 90-day hard suspension will be imposed, accompanied by mandatory IID installation.
Use of Oral Fluid Testing
Officers may now use oral fluid (saliva) testing to help determine whether a driver is under the influence of alcohol or drugs. Refusing to take this test can result in penalties comparable to those for refusing breath or blood tests.
Stricter Penalties for Aggravated Vehicular Homicide
The maximum possible fine for aggravated vehicular homicide tied to an OVI has increased to $25,000. A new four-level sentencing system has been introduced, taking into account an individual’s previous offenses within 20 years.
Columbus, Ohio OVI & DUI Attorneys Can Help You With Your Case
If you’ve been arrested, ensure that your first call is to Jay Perez Law. You must gain quality representation and a strong legal advocate as early as possible. Acting without delay places you in the best position to reach a favorable outcome.
For over 20 years, we’ve guided numerous Ohio residents through vehicle-related charges, ensuring their cases are fairly handled. Don’t try to figure out state and federal laws on your own. Your case will be thoroughly cared for from day one, thanks to our expertise and positive track record. Contact us anytime, day or night, to schedule your consultation with top-trusted DUI lawyers in Columbus, Ohio.