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Ohio DUI Information
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as
measured by gas chromatography mass spectrometry, the person has a concentration of marihuana
metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of
the person's urine or has a concentration of marihuana metabolite in the person's whole blood or
blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the person has a concentration of
marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole
blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the
person's whole blood or blood
serum or plasma.
(ix) The person has a concentration of methamphetamine in the person's urine of at least five
hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of
methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred
nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five
nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in
the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per
milliliter of the person's whole blood or blood serum or plasma.
(2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section,
previously has been convicted of or pleaded guilty to a violation of this division, division (A)(1) or (B) of
this section, or a municipal OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol,
a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in
division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or
tests under section 4511.191 [4511.19.1] of the Revised Code, and being advised by the officer in
accordance with section 4511.192 [4511.19.2] of the Revised Code of the consequences of the person's
refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley
within this state, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than
eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than
ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum
or plasma.
(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths
of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than
eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(C) In any proceeding arising out of one incident, a person may be charged with a violation of division
(A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not
be convicted of more than one violation of these divisions.
(D) (1) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B)
of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol,
drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in
the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time
of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the
time of the alleged violation. The three-hour time limit specified in this division regarding the admission of
evidence does not extend or affect the two-hour time limit specified in division (A) of section 4511.192
[4511.19.2] of the Revised Code as the maximum period of time during which a person may consent to a
chemical test or tests as described in that section.
When a person submits to a blood test at the request of a law enforcement officer under section
4511.191 [4511.19.1] of the Revised Code, only a physician, a registered nurse, or a qualified
technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol,
drug controlled substance, metabolite of a controlled substance, or combination content of the whole
blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine
specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under
this division, if in that person's opinion, the physical welfare of the person would be endangered by the
withdrawing of blood.
The bodily substance withdrawn shall be analyzed in accordance with methods approved by the director of
health by an individual possessing a valid permit issued by the director pursuant to section 3701.143
[3701.14.3] of the Revised Code.
or by calling 1-800-852-8005.
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If you have been charged with an Ohio DUI there are two things that
you need to consider:
1) Take the charge seriously.
A conviction for an Ohio DUI will have long lasting consequences. A
criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Ohio DUI Lawyer.
Understanding the Ohio DUI laws and courtroom proceedings can be a
challenge. Hiring a qualified Ohio DUI Lawyer from DUILaws.com who
focuses on DUI defense can make a difference in the outcome of your
case.
The Ohio DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Ohio DUI, use the drop-down menu above to locate an Ohio Attorney in your county. But do it now, as time is very critical in an Ohio DUI case.
Ohio DUI Information
In Ohio a DUI is also known as an OVI. This stands for Operating a Vehicle while Intoxicated. If you are arrested for Driving Under the Influence in Ohio you will have to undergo two entirely separate proceedings regarding the DUI arrest. The first is a criminal proceeding for the offense that you will have to deal with in a court setting. The second is a civil proceeding regarding whether or not you will be able to keep your license, this is done through the Ohio Department of Motor Vehicles.
You may be arrested for DUI in Ohio regardless of whether or not you have submitted to a breath, blood, or urine test. If you take the chemical test you could still be arrested for a Ohio DUI regardless of whether or not the results of the test reveal a blood/breath alcohol result of .08% or higher. It is important to hire an experienced Ohio DUI defense attorney to help walk you through the appropriate steps to try to eliminate any negative outcomes in your case.
Ohio DUI
Laws
ยง 4511.19.
Operation while under the influence of alcohol or drug of abuse or with
specified concentration of alcohol or drug in certain bodily
substances; chemical test; penalties.
(A) (1) No person shall operate any
vehicle, streetcar, or trackless trolley within this state, if, at the
time of
the operation, any of the following apply:
the operation, any of the following apply:
(a) The person is under the
influence of alcohol, a drug of abuse, or a combination of them.
(d) The person has a concentration of eight-hundredths of one gram or more but less than
seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's
breath.
(e) The person has a concentration of eleven-hundredths of one gram or more but less than two
hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the
person's urine.
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit
volume of alcohol in the person's whole blood.
(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight
per unit volume of alcohol in the person's blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol
per two hundred ten liters of the person's breath.
(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight
of alcohol per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the person has a concentration of any of the following
controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or
plasma, or urine that equals or exceeds any of the following:
(b) The person has a
concentration of eight-hundredths of one per cent or more but less
than
seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's
whole blood.
seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's
whole blood.
(c) The person has a
concentration of ninety-six-thousandths of one per cent or more but
less than
two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the
person's blood serum or plasma.
two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the
person's blood serum or plasma.
(d) The person has a concentration of eight-hundredths of one gram or more but less than
seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's
breath.
(e) The person has a concentration of eleven-hundredths of one gram or more but less than two
hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the
person's urine.
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit
volume of alcohol in the person's whole blood.
(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight
per unit volume of alcohol in the person's blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol
per two hundred ten liters of the person's breath.
(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight
of alcohol per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the person has a concentration of any of the following
controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or
plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred
nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in
the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine
per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty
nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's
whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred
fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine
metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood serum or plasma.
nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in
the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine
per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty
nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's
whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred
fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine
metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms
of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or
blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of
at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or
has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood
serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of
the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of
L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood
serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood
serum or plasma.
(vii) The person has a concentration of marihuana in the person's urine of at least ten nanograms of
marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole
blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or
blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of
at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or
has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood
serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of
the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of
L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood
serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood
serum or plasma.
(vii) The person has a concentration of marihuana in the person's urine of at least ten nanograms of
marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole
blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as
measured by gas chromatography mass spectrometry, the person has a concentration of marihuana
metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of
the person's urine or has a concentration of marihuana metabolite in the person's whole blood or
blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the person has a concentration of
marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole
blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the
person's whole blood or blood
serum or plasma.
(ix) The person has a concentration of methamphetamine in the person's urine of at least five
hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of
methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred
nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five
nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in
the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per
milliliter of the person's whole blood or blood serum or plasma.
(2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section,
previously has been convicted of or pleaded guilty to a violation of this division, division (A)(1) or (B) of
this section, or a municipal OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol,
a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in
division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or
tests under section 4511.191 [4511.19.1] of the Revised Code, and being advised by the officer in
accordance with section 4511.192 [4511.19.2] of the Revised Code of the consequences of the person's
refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley
within this state, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than
eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than
ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum
or plasma.
(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths
of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than
eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(C) In any proceeding arising out of one incident, a person may be charged with a violation of division
(A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not
be convicted of more than one violation of these divisions.
(D) (1) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B)
of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol,
drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in
the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time
of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the
time of the alleged violation. The three-hour time limit specified in this division regarding the admission of
evidence does not extend or affect the two-hour time limit specified in division (A) of section 4511.192
[4511.19.2] of the Revised Code as the maximum period of time during which a person may consent to a
chemical test or tests as described in that section.
When a person submits to a blood test at the request of a law enforcement officer under section
4511.191 [4511.19.1] of the Revised Code, only a physician, a registered nurse, or a qualified
technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol,
drug controlled substance, metabolite of a controlled substance, or combination content of the whole
blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine
specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under
this division, if in that person's opinion, the physical welfare of the person would be endangered by the
withdrawing of blood.
The bodily substance withdrawn shall be analyzed in accordance with methods approved by the director of
health by an individual possessing a valid permit issued by the director pursuant to section 3701.143
[3701.14.3] of the Revised Code.