If you are charged with an OVI in Columbus or elsewhere in Ohio, the officer will give you a blue or pink ticket detailing the charges you are facing. This ticket will list the statutes or codes under which you have been charged.
If you are charged with an OVI, the officer may write “4511.19A1A.” This is a reference to the Ohio Revised Code (ORC) OVI statute: 4511.19(A)(1)(a).
The officer may also write “M1”, which is a reference to the the OVI charge as a first degree misdemeanor.
If you took a breath test and blew a BAC over 0.17, the officer may also write “4511.19A1H.”
This is a reference to Ohio’s “high test” statute, which carries additional jail time and other penalties on top of the Ohio’s standard minimum OVI statutory penalties.
What Does ORC 4511.19(A)(1)(h) Say?
ORC 4511.19(A)(1)(h) states:
4511.19 Operating vehicle under the influence of alcohol or drugs – OVI.
“(A)(1) No person shall operate any vehicle, * * * within this state, if, at the time of the operation, any of the following apply:
(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.”
In other words, operating a vehicle with a BAC over 0.17 is prohibited.
What are the Penalties if Convicted of a “High Test” OVI Under ORC 4511.19(A)(1)(h)?
If convicted of a “high test” OVI under ORC 4511.19(A)(1)(h), you will face enhanced minimum mandatory penalties from the judge, including:
- 6 days to 6 months in jail
- $375 – $1075 fine
- 6 months – 3 year license suspension
- Mandatory yellow plates on your vehicle
- Possible ignition interlock
Read here for a full discussion of the possible penalties for a first offense “high test” conviction under ORC 4511.19(A)(1)(h).
If you are facing a high test OVI charge under ORC 4511.19(A)(1)(h) in Columbus or surrounding areas, talk to one of our Columbus DUI / OVI attorneys about your options.