What Are the Penalties for A “High Test” OVI / DUI in Ohio?

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.

Columbus high test OVI BAC

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 PenaltyMaximum Penalty
Jail Time6 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
Fines$375$1,075
Driver's License Suspension1 year3 years
Driving PrivilegesNot 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)
Yellow PlatesMandatoryMandatory
Ignition InterlockRequired if judge grants unlimited privileges with ignition interlock. Optional otherwise at the discretion of the judgeRequired 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 (614) 361-2804 for a free consultation about your Columbus-area high test OVI charge.

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