DUI & Traffic Violations for Ohio readers: license risk, early leverage, and practical next moves

Ohio calls impaired driving OVI (Operating a Vehicle Impaired) rather than DUI or DWI. Ohio's OVI law (ORC § 4511.19) is distinctive in several ways: the "high test" threshold of 0.17% (rather than 0.15% or 0.16% in most other states) triggers enhanced penalties; the refusal offense carries its own penalties and is treated as a high-test offense for some purposes; and OVI convictions in Ohio cannot be sealed — they remain permanently on the record without expungement or sealing options.

Ohio OVI: Standard vs. High Test

Ohio OVI law distinguishes between standard and "high test" violations:

• Standard OVI: BAC 0.08–0.169% (or urine 0.11g/100mL or blood serum 0.096g/100mL) — first offense: minimum 3 days jail or 3-day driver intervention program; $375–$1,075 fine; 1–3 year license suspension
• High Test OVI: BAC 0.17%+ (or urine 0.238g/100mL or blood serum 0.204g/100mL) — first offense: minimum 6 days jail (or 3 days + 3-day driver intervention program); $375–$1,075 fine; 1–3 year suspension; mandatory yellow restricted license plate ("party plates") for 1 year
• Refusal: Treated as high-test for suspension purposes; 1-year ALS for first refusal; 2-year ALS for second refusal

Administrative License Suspension (ALS)

Upon arrest for OVI, Ohio BMV immediately imposes an Administrative License Suspension: 90 days (standard first offense); 1 year (high test or refusal first offense); 2 years (second refusal within 6 years). To contest the ALS, the defendant must file a motion to terminate the ALS in the municipal or county court within 30 days of the arrest. If no motion is filed within 30 days, the right to contest is permanently waived. The ALS proceeds independently of the criminal case — even if criminal charges are dismissed, the ALS remains unless successfully challenged. Driving privileges during the ALS can be granted by the court for occupational, education, or medical purposes.

OVI Lookback Period and Prior Offenses

Ohio uses a 10-year lookback period for most OVI enhancements. A prior OVI conviction within 10 years escalates a new OVI to a higher-penalty second offense — doubling minimum jail time and increasing fines and suspension. Beyond 10 years: the prior OVI still counts for the lifetime OVI record but doesn't trigger the mandatory enhanced penalties of a "second within 10 years." Third OVI within 10 years is a felony (F4). Ohio also has a lifetime lookback for specified purposes: a fourth or subsequent OVI (any timeframe) makes the new offense a mandatory felony. "Yellow plates" (restricted license plates indicating OVI) are required for certain repeat offenders.

No Sealing for Ohio OVI Convictions

Ohio's sealing statute (ORC § 2953.36) explicitly excludes OVI convictions from eligibility. An OVI conviction in Ohio is a permanent public record — it cannot be sealed or expunged at any time, regardless of how long ago it occurred or the defendant's subsequent rehabilitation. This is different from most other Ohio misdemeanor convictions, which become eligible for sealing after 1 year. The permanent nature of Ohio OVI records makes the decision to fight an OVI charge, rather than plead guilty, particularly important — a guilty plea to OVI in Ohio is a life-long record entry.