Ohio OVI Guide
Last Verified: February 2026
Complete guide to OVI (Operating a Vehicle Impaired) laws, penalties, and procedures in Ohio. Know your rights and deadlines after an OVI arrest.
Major Counties in Ohio
County-specific courts, impound lots, bail, and local procedures
Cuyahoga County
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Franklin County
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Hamilton County
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Summit County
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Montgomery County
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Lucas County
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Butler County
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Stark County
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Lorain County
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Warren County
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Other Counties
Request BMV Hearing within 30 days or face automatic suspension
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Understanding OVI in Ohio
Ohio's OVI system is distinguished by its rapid integration with the court system through the 5-day hearing requirement, its visible public shaming mechanism via "Party Plates" (yellow license plates with red letters), and the extensive use of the Driver Intervention Program (DIP) as an alternative to jail. Ohio's Administrative License Suspension (ALS) imposes mandatory "hard time" before limited privileges become available, making immediate legal action critical.
What is OVI in Ohio?
Ohio uses the term OVI (Operating a Vehicle Impaired) under Ohio Revised Code § 4511.19. You commit OVI if you operate a vehicle while: (1) under the influence of alcohol, a drug of abuse, or a combination, or (2) with a BAC of 0.08% or higher (per se violation).
Ohio changed from "DUI" to "OVI" in 2006 to clarify that actual "driving" isn't required—merely operating or being in physical control of a vehicle while impaired is sufficient. You can be convicted of OVI while sitting in a parked car with the engine running.
Legal BAC Limits
The legal BAC limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21. Ohio also has a high-tier offense for BAC ≥ 0.17% with enhanced penalties.
Implied Consent Law
By driving in Ohio (O.R.C. § 4511.191), you automatically consent to chemical testing. The officer issues BMV Form 2255 which notifies you of the Administrative License Suspension (ALS) and serves as a temporary permit.
Refusal triggers automatic 1-year license suspension for a first refusal (2 years for subsequent refusals within 10 years). Ohio treats refusal very seriously—it's often considered evidence of guilt and results in longer suspension than a failed test.
Time-Sensitive Deadlines
- 5 days - Initial hearing on ALS (typically at arraignment)
- 30 days to appeal ALS to BMV if not appealed at arraignment
- 15-30 days of "hard suspension" before limited privileges
Ohio's Administrative License Suspension (ALS) & Hard Time
When arrested for OVI in Ohio, the officer serves you with BMV Form 2255, which immediately suspends your license. Unlike many states where filing a hearing request stays the suspension, Ohio's ALS goes into effect after a brief period regardless of whether you appeal.
The 5-Day Rule: Ohio law requires that the initial ALS hearing be held within 5 days of arrest, typically coinciding with your arraignment. You (or your attorney) must appeal the ALS at this initial appearance or within 30 days. This rapid timeline forces you to retain counsel immediately.
Mandatory "Hard Suspension" Period: Before you can obtain limited driving privileges, you must serve mandatory "hard time" with absolutely no driving:
- Failed Test (BAC ≥ 0.08%): 15 days of hard suspension
- Refusal: 30 days of hard suspension
- High Test (BAC ≥ 0.17%): 30 days of hard suspension
After serving the hard suspension, the court may grant limited driving privileges for work, school, medical appointments, and court-ordered treatment. However, if you're convicted of OVI, the suspension extends significantly (6 months to 3 years depending on offense level).
Ohio's "Party Plates" (Restricted Plates)
Ohio is notorious for its "Party Plates"—bright yellow license plates with red lettering that publicly identify the vehicle's owner as having an OVI-related restriction. Officially called "Restricted Plates," they're mandated under O.R.C. § 4503.231.
When are Party Plates required?
- Second or subsequent OVI within 10 years
- First OVI with BAC ≥ 0.17% (if judge orders it)
- Driving under an OVI-related suspension
- Operating a vehicle without required ignition interlock
The plates must be displayed on all vehicles registered in the offender's name. They're a source of significant embarrassment and can affect employment (especially for jobs requiring driving). The requirement typically lasts for the duration of the suspension or until the conviction is expunged.
Critical: If you're required to have Party Plates and don't install them, driving with regular plates constitutes Driving Under OVI Suspension, a first-degree misdemeanor with mandatory minimum 3 days jail.
Driver Intervention Program (DIP) as Jail Alternative
Ohio is unique in offering the Driver Intervention Program (DIP) as an alternative to mandatory jail time for first-time OVI offenders. The DIP is a 72-hour (3-day) residential alcohol and drug education program typically held at hotels or conference centers.
For a first OVI, Ohio law mandates a minimum 3-day jail sentence. However, judges almost universally allow defendants to substitute the DIP for jail time. The program runs Friday evening through Sunday evening and costs approximately $350-$500. While you're technically "in custody," it's a classroom setting rather than a jail cell.
What happens at DIP? You attend lectures on the effects of alcohol, watch videos of crash victims, participate in group discussions, and complete worksheets. You sleep at the facility (hotel) but it's not a punitive environment. Successful completion satisfies the mandatory 3-day jail requirement.
Important: DIP is generally only available for first-time offenders. Second offense and beyond require actual jail time that cannot be substituted. Additionally, if you had a BAC ≥ 0.17% or caused an accident, the judge may require jail time in addition to DIP.
DUI Penalties in Ohio
Potential consequences for DUI offenses. Penalties increase with each subsequent offense.
| Penalty Type | 1st Offense | 2nd Offense | 3rd Offense |
|---|---|---|---|
Jail Time | 3 days (or Driver Intervention Program) | 10 days - 6 months (mandatory 10 days) | 30 days - 1 year (mandatory 30 days) |
Fines | $375-$1,075 + court costs | $525-$1,625 + court costs | $850-$2,750 + court costs |
License Suspension | 1-3 years (limited privileges after 15 days) | 1-7 years (hard suspension 1 year) | 2-12 years |
Ignition Interlock (IID) | May be required | Required | Required |
Probation | Up to 5 years | Up to 5 years | Up to 5 years |
Alcohol Education | Required assessment and treatment | Required + treatment program | Required + treatment program |
Note
These are general penalty ranges. Actual penalties vary based on aggravating factors. An experienced attorney can help minimize penalties.
Common Questions About Ohio OVI
Sources & Official Resources
Information on this page is sourced from official state resources. Always verify current laws with official sources or a licensed attorney.
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