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Ohio uses the term “operating a vehicle under the influence” (OVI) instead of “DUI.” An Ohio OVI is defined as operating a vehicle:
  • + with a blood alcohol content (BAC) of .08% or greater (or urine alcohol concentration of .11% or more)
  • + while “under the influence” (having an adverse effect on driving ability) of any controlled substance, alcohol, or combination of the two, or
  • + with a certain concentration of specified controlled substances in the body.

A violation based on BAC or controlled substance concentration limit is often called a “per se OVI.” Per se convictions don’t require proof of the person’s level of actual impairment. A person can be convicted of a controlled substance per se offense for driving with a concentration of at least:

  • + 100 nanograms per milliliter of blood of amphetamines
  • + 50 nanograms per milliliter of blood of cocaine
  • + 2,000 nanograms per milliliter of blood of heroin
  • + 25 nanograms per milliliter of blood of LSD, or
  • + 20 nanograms per milliliter of urine of marijuana.


  1st Offense 2nd Offense 3rd Offense
3 days to 6 months
10 days to 6 months 30 days to 1 year
$375 to $1,075
$525 to $1,625 $850 to $2,750
License Suspension
1 to 3 years
1 to 7 years 2 to 12 years