Photo: Raymond Wambsgans, CC BY 2.0, via Wikimedia Commons
In Ohio, impaired driving is called OVI: operating a vehicle under the influence of alcohol or drugs. If you are under 21, the limit is 0.02%, not 0.08%. A first offense can cost a teen their license and force them to start again from a permit. This guide covers the OVI limits, what happens if you refuse a test, and the other ways new Ohio drivers lose their license.
Key facts
- Limits: 0.08% BAC for drivers 21 and over, 0.02% for drivers under 21, 0.04% for commercial drivers.
- Under 21 at 0.02% to 0.07%: this is OVUAC (operating a vehicle after underage alcohol consumption). It can lead to a court-ordered suspension.
- Arrest for OVI: an Administrative License Suspension (ALS) starts straight away. For a first offense, a positive test brings 90 days and a refusal brings 1 year. The suspension starts before any trial.
- Getting your license back after an OVI-related suspension: a $475 reinstatement fee plus proof of insurance, for offenses on or after September 30, 2008 (BMV 2401, revision 11/15; check the current fee).
- Points: 12 points within two years means a suspension.
Ohio OVI and OVUAC limits
| Driver | Prohibited level | Offense |
|---|---|---|
| Under 21 | 0.02% to 0.07% | OVUAC |
| Under 21 | 0.08% or above | OVI |
| 21 or older | 0.08% or above | OVI |
| Commercial driver | 0.04% or above | OVI (commercial) |
OVI covers drugs of abuse as well as alcohol. Ohio also has a separate offense, “physical control”: sitting in the driver’s seat with the key or ignition device while impaired, even if the car is not moving (BMV 2401). See drugged driving and cannabis.
What happens if you refuse a breath test in Ohio?
If an officer arrests you for OVI and asks for a chemical test, refusing brings its own suspension.
- Refuse: an ALS for refusal. A first refusal means 1 year. Prior refusals or OVI convictions in the last 10 years make it longer.
- Test over the limit: an ALS for a positive test. A first offense means 90 days. Prior offenses make it longer.
- Appeal: you can appeal the ALS at your first court appearance, which is held within five days of the arrest. You can also appeal within 30 days after that appearance (BMV 2401).
- The ALS is separate from any court sentence for the OVI charge itself.
More on how this works across the US: implied consent and DUI and zero tolerance laws for under 21s.
OVI and OVUAC for drivers under 18
For a teen on a probationary license, an alcohol offense costs more than a fine. It sends you back to the start (BMV 2401):
- A six-month suspension, for OVUAC (0.02% to 0.07%) or OVI (0.08% or above).
- A juvenile driver improvement program.
- A $40 reinstatement fee (check the current amount).
- At the end, you buy a new temporary permit and retake the full license exam: knowledge test, vision screening and road test.
For an under-18 OVUAC suspension, the law makes no provision for limited driving privileges. That means no court permit to drive to school or work.
Ages 18 to 20: if a court suspends your license for OVUAC, you must complete a remedial driving course, pay a $40 reinstatement fee, show proof of insurance and retake the full exam (BMV 2401).
Other ways new Ohio drivers lose their license
| Trigger | What BMV 2401 says you must do |
|---|---|
| Two moving violations before 18 | Probationary revocation: juvenile driver improvement program, $40 fee, then a new permit and the full exam |
| Three moving violations before 18 | One-year suspension, plus the same steps |
| 12 points within two years (any age) | Remedial driving course, SR-22 insurance filing for three years, $40 fee, retake the full exam |
| Using someone else’s license, or an altered one, to buy alcohol under age | One-year suspension and a $40 fee; retake the exam if the license was altered |
| Court finding linked to drugs or alcohol (juvenile) | Complete a substance abuse intervention program or serve the suspension |
| Dropping out, habitual unexcused absence, or a school suspension for alcohol or drugs | Suspension until the juvenile court or the school superintendent clears it |
Fees are from BMV 2401 (revision 11/15). Confirm current amounts with the Ohio BMV. Phone offenses add points too: see Ohio’s hands-free law. For the extra limits on teen licenses, see Ohio probationary license rules.
Common questions
What is the difference between OVI and DUI in Ohio?
Nothing practical. OVI is Ohio’s legal term for what other states call DUI or DWI.
Can I drink one beer and drive at 19 in Ohio?
Don’t. The under-21 limit is 0.02%, and it takes very little alcohol to reach it.
How long is a first OVI suspension in Ohio?
The ALS is 90 days for a first test over the limit and 1 year for a first refusal. A court can add its own suspension after a conviction.
Do I have to retake my driving test after a teen OVI suspension?
Yes. Under-18 OVI and OVUAC suspensions require a new temporary permit and the full exam.
How many points before Ohio suspends my license?
12 points within two years.
Can I get driving privileges for work during a suspension?
For some suspensions a court can grant limited privileges. An under-18 OVUAC suspension has no such provision.
How do I pay a reinstatement fee?
BMV 2401 says fees can be paid online at oplates.com or by check or money order to the “Ohio Treasurer of State”. Do not send cash. The BMV suggests sending your requirements about 20 days before the suspension ends.
National overview: points systems and license suspensions in the US. Back to the Ohio learner driver guide.
Sources
- Ohio Department of Public Safety, Bureau of Motor Vehicles, “Driver License Reinstatement Procedures (BMV 2401, 11/15)” (dam.assets.ohio.gov)
- Ohio Department of Public Safety, “Digest of Ohio Motor Vehicle Laws, Section 6: State Laws and Penalties” (publicsafety.ohio.gov), search-result extract only