FAQs for Impaired Driving From the Ohio State Highway Patrol

What is the legal blood-alcohol limit in Ohio?

Ohio Law states that no person shall operate a motor vehicle while under the influence of alcohol, a drug of abuse, or both. The state of Ohio has set a per se level of 0.08 BAC (blood-alcohol content) as the presumptive level at which an adult is considered to be an impaired driver of a passenger car. However, being under the presumptive 0.08 BAC level does not mean you are not impaired and, depending upon roadside sobriety checks, you may be charged with OVI with a BAC which measures below 0.08.

In other words, the presumptive BAC level is the level at which you are automatically considered to be "legally" impaired -- it does not mean that you are not illegal if you are not at the 0.08 BAC level. As such, there is no absolute "legal limit" except "zero."

Other presumptive BAC levels in Ohio are:

• .04 BAC for commercial vehicle drivers;
• .02 BAC for drivers under the age of 21.

What are the penalties for impaired driving in Ohio?

Administrative license suspension for a refusal of the BAC test will last from one to five years, depending on the number of prior refusals. For a failure, the administrative license suspension will last from 90 days to three years, depending on the number of prior drunk driving convictions.

Those convicted of the offense are subject to the mandatory penalties of time in jail, a court-imposed driver license suspension, and a minimum of $200 to a maximum of $10,000 fine. Penalties are based upon the number of previous DUI convictions over a

• FIRST OFFENSE -- at least 72 consecutive hours in jail, court license suspension from six months to three years.
• SECOND OFFENSE -- at least 10 consecutive days in jail, court license suspension from one to five years.
• THIRD OFFENSE -- at least 30 consecutive days in jail, license suspension from one year to 10 years.
• FOURTH OFFENSE -- at least 60 consecutive days in jail, court license suspension from three years to permanent revocation. All offenders must pay a $250 reinstatement fee for ALS.

To regain a suspended license, all OVI offenders must pay a $250 reinstatement fee and show proof of a policy for liability insurance or bond. Repeat offenders will be required to file proof of liability coverage and maintain that coverage for three years.

Third and fourth time impaired driving offenders are also subject to having their vehicle immobilized or forfeited. A vehicle owner who knowingly allows someone whose license is suspended to operate their vehicle may also be subject to these penalties.

Motorists who are convicted of vehicular homicide or aggravated vehicular homicide and are judged to have been under the influence of alcohol or drugs at the time of the offense will, in addition to other penalties, suffer permanent loss of driving privileges.

How many drinks can I consume before becoming impaired?

There is no reliable means to predict how many alcoholic beverages an individual can consume before becoming impaired.

In past years, various entities have published charts which outline the blood-alcohol content (BAC) you will attain if you weigh X pounds and consume X drinks. However, these charts only consider two variables -- number of drinks and body weight. Actually, there are many more variables which must be considered, so a generalized estimate as to level of intoxication or potential BAC would be very unreliable.

How do troopers test suspected impaired drivers?

When a trooper observes a suspected impaired driver, s/he will stop the car for observed traffic offenses and make personal contact with the driver. If the officer detects possible impairment once contacting the driver, divided-attention sobriety tests will be conducted. Among these are:

• the heel-toe walk;
• the one-leg stand;
• and the "Gaze Test" which traces involuntary eye movements.
• In addition, the trooper will observe how well the driver can understand and respond to questions and follow instructions.

If, after conducting these tests, the officer detects impairment, an arrest is made and the suspect is taken into custody for a formal BAC test.

Why do you hold sobriety checkpoints?

Sobriety checkpoints are designed to be a deterrent, not a trap.

The Supreme Court has ruled that before conducting a sobriety checkpoint, several criteria must be met. First, the location of the checkpoint must have a historically high rate of alcohol-related crashes. Second, the agency must follow specific guideline for notification that the checkpoint is to be conducted. Also, if traffic is too heavy to stop each car passing through the checkpoint, cars must be stopped according to a predetermined formula (ie: every other car, every fourth car, etc.).