Carrying While Intoxicated
ORC 2923.15 — the offense that needs no threshold and no reading
Ohio makes it an offense to carry or use a firearm while under the influence of alcohol or a drug of abuse. It sits in the weapons chapter rather than the traffic chapter, and it is written differently from every drink related offense people are used to.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
There is no number in it. The OVI statute gives concentrations, and a driver can measure themselves against a figure. This offense does not. It asks whether the person was under the influence, which is decided on the evidence of being under the influence rather than against a threshold, so there is no reading that puts somebody safely inside it.
- It reaches carrying as well as using, so nothing has to be fired or pointed for the offense to be complete.
- Under the influence of a drug of abuse is included alongside alcohol.
- It applies whether or not the person holds a concealed handgun license, and permitless carry did not change it.
The license side has its own rule on top. A license holder is subject to restrictions on carrying in a place where liquor is served for consumption on the premises, and those restrictions are in the statute that lists where a concealed handgun may not be carried.
Carrying while under the influence and driving while under the influence are separate offenses with separate elements, and one encounter can produce both. The sections on the OVI stop cover the driving half.
Sources for this section (4)
- ORC 2923.15 — Using weapons while intoxicated
- ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
- ORC 2923.111 — Concealed carry by qualifying adults without a license
- ORC 2923.126 — Duties of a licensee, and the places a license does not cover
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.