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Ohio DUI Penalties

Implied Consent Laws

Laws demand drivers alleged of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include mandatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Ohio, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this corroboration is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Ohio, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more rigorous punishment for those convicted of DUI with a particularly high blood-alcohol content at the point in time of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Ohio.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties forced on drivers with a blood-alcohol concentration above Ohio’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Ohio, for the opening DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The fine of vehicle confiscation for DUI conviction – either undyingly or temporarily - is a likelihood in some states, ordinarily for repeat offenders. This is not a penalty option in Ohio.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Ohio.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol learning and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug craving can be required for DUI offenders in Ohio. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

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