Under Ohio law, an first time OVI has two tiers: (a) a “low test” or refusal and (b) a “high test.” If you took a breath or other chemical test, the potential penalties increase if your test result is considered “high” under the Ohio statute.
WHAT ARE THE PENALTIES FOR A "HIGH TEST" OVI / DUI IN OHIO?
WHAT RESULT IS CONSIDERED A "HIGH TEST" OVI?
The following chemical tests are considered a “high test” OVI:
- Breath Test – .17 or above (governed by ORC 4511.19(A)(1)(h))
- Urine Test – .238 or above
- Whole Blood – .17 or above
- Blood Serum or Plasma – .204 or above
POTENTIAL PENALTIES FOR A FIRST OFFENSE "HIGH TEST" OVI
The following penalties apply if you submitted to a breath, blood or urine test and had a “high test” result:
|Mandatory Minimum Penalty||Maximum Penalty|
|Jail Time||6 days in jail (or 3 days in jail and 3 days in a driver's intervention program). If judge grants unlimited driving privileges with interlock, jail time will be suspended.||6 months in jail|
|Driver's License Suspension||1 year||3 years|
|Driving Privileges||Not eligible for driving privileges until 15 days from the date of the offense (ALS suspension)||Not eligible for driving privileges until 15 days from the date of the offense (ALS suspension)|
|Ignition Interlock||Required if judge grants unlimited privileges with ignition interlock. Optional otherwise at the discretion of the judge||Required if judge grants unlimited privileges with ignition interlock. Optional otherwise at the discretion of the judge|
SHOULD I TALK TO AN ATTORNEY ABOUT MY FIRST OFFENSE HIGH TEST DUI?
Given the serious mandatory penalties at issue in a high test OVI case, speaking with an Ohio OVI attorney is highly encouraged. Call for a free consultation about your Columbus-area high test OVI charge.