Ohio DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Ohio, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Ohio DUI At a Glance
First Offense DUI in Ohio
3 days–6 months jail, $375–$1,075 fine, 6-month–3 year suspension
Ohio uses an OVI (Operating Vehicle Impaired) statute
Second Offense DUI in Ohio
10 days–6 months, $525–$1,625 fine, 1–7 year suspension
When Does a DUI Become a Felony in Ohio?
In Ohio, a DUI typically becomes a felony charge at the 4th offense in 6 years. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Ohio DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Ohio
Ohio, like all U.S. states, has an implied consent law. By driving on Ohio roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Ohio
Different states use different terminology. Ohio uses DWI (Driving While Intoxicated) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Ohio
If you are facing a DUI charge in Ohio, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension