Skip to content
MYRIGHTZ
impairment

The OVI Numbers

ORC 4511.19 — thresholds, tiers, and what a first offence carries

Email

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.

WhoThresholdWhat it means
Adult driver0.08 breath or bloodThe standard per se offence
Adult driver, high test0.17 or aboveSame charge, enhanced mandatory minimums
Driver under 210.02 to under 0.08A separate lesser offence, not adult OVI
Any driver, no number at allImpairment onlyCharged on observations, no test needed
  • A first offence within the lookback period is a first degree misdemeanor.
  • It carries a mandatory minimum jail term that a court may satisfy with a three day driver intervention program instead.
  • The high test tier doubles that mandatory minimum, and so does refusing with a qualifying prior.
  • The court suspension runs in years, not months, and it is separate from the administrative suspension the BMV starts at arrest.
  • Prior offences inside the lookback period change every number here, and a serious injury or death moves the case out of this section entirely.
The fine figures are the part that moves. The statute sets both a floor and a ceiling on the fine, and the floor has been amended more than once, so published charts disagree with each other. Read the current 4511.19 for the number rather than trusting a summary, this one included.

Driving during the suspension is its own offence with its own mandatory penalties, and it is charged on top of whatever the original case does. It is a common way a first OVI turns into a much longer problem.

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)
  1. ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
  2. ORC 2929.24 — Definite jail terms for misdemeanors
  3. ORC 4511.181 — OVI definitions, including equivalent offences
  4. ORC 4511.191 — Implied consent to chemical tests
  5. ORC 2903.06 — Aggravated vehicular homicide
  6. ORC 2929.28 — Financial sanctions for misdemeanors
  7. ORC 4510.14 — Driving under an OVI suspension
  8. ORC 4510.13 — Limited driving privileges during a suspension
  9. ORC 4511.193 — Municipal OVI ordinances and how they line up with state law

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. For your specific situation talk to a licensed Ohio attorney.

← Back to Ohio