The OVI Numbers
ORC 4511.19 — thresholds, tiers, and what a first offense carries
One section covers two different accusations. Being under the influence is proved by how you were driving and how you looked and behaved. Being over a fixed number is proved by the test result alone, without anyone arguing about whether you seemed impaired.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
| Who | Threshold | What it means |
|---|---|---|
| WhoAdult driver | Threshold0.08 breath or blood | What it meansThe standard per se offense |
| WhoAdult driver, high test | Threshold0.17 or above | What it meansSame charge, enhanced mandatory minimums |
| WhoDriver under 21 | Threshold0.02 to under 0.08 | What it meansA separate lesser offense, not adult OVI |
| WhoAny driver, no number at all | ThresholdImpairment only | What it meansCharged on observations, no test needed |
- A first offense within the lookback period is a first degree misdemeanor.
- It carries a mandatory jail term of three consecutive days, which the court may suspend in favor of a three day drivers' intervention program.
- A high test, or refusing with a qualifying prior, carries at least three consecutive days in jail and the three day program, and at least six consecutive days in jail where the court finds the program unsuitable, the offender refuses it, or the jail provides it.
- The court suspension runs in years, not months, and it is separate from the administrative suspension the BMV starts at arrest.
- Prior offenses inside the lookback period change every number here, and a serious injury or death moves the case out of this section entirely.
| What | A first offense today | Where |
|---|---|---|
| WhatDegree | A first offense todayMisdemeanor of the first degree | WhereORC 4511.19(G)(1)(a) |
| WhatJail | A first offense todayThree consecutive days, which is seventy two hours. The court may suspend them for a three day drivers' intervention program | Where(G)(1)(a)(i) |
| WhatJail, high test or a refusal with a prior | A first offense todayAt least three consecutive days and the three day program, or at least six consecutive days without the program | Where(G)(1)(a)(ii) |
| WhatMost jail in all | A first offense todaySix months | Where(G)(1)(a)(i) |
| WhatFine | A first offense todayNot less than $565 and not more than $1,075 | Where(G)(1)(a)(iii) |
| WhatCourt suspension | A first offense todayOne to three years. The court may grant limited driving privileges, and unlimited privileges with an ignition interlock | Where(G)(1)(a)(iv) |
The fine is the figure that moves. The floor on the fine has been amended more than once, which is why published charts disagree with each other. The figures above are the current text of 4511.19 as published on codes.ohio.gov, and the weekly statute check flags this section when those words change.
Driving during the suspension is its own offense with its own mandatory penalties, and it is charged on top of whatever the original case does.
A city may charge the same conduct under its own ordinance rather than the state section. The numbers usually track, but the case is in a different court.
Sources for this section (9)
- ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
- ORC 2929.24 — Definite jail terms for misdemeanors
- ORC 4511.181 — OVI definitions, including equivalent offenses
- ORC 4511.191 — Implied consent to chemical tests
- ORC 2903.06 — Aggravated vehicular homicide
- ORC 2929.28 — Financial sanctions for misdemeanors
- ORC 4510.14 — Driving under an OVI suspension
- ORC 4510.13 — Limited driving privileges during a suspension
- ORC 4511.193 — Municipal OVI ordinances and how they line up with state law
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.