When you are arrested for a drunken driving related charge in Ohio it will result in two separate cases. The first case is the criminal case in which you can be subject to various penalties including fines, mandatory alcohol rehabilitation classes, community service, probation and even jail time. The second case is a civil or administrative case against the Ohio Bureau of Motor Vehicles. The sole issue with this case is your privilege to drive. Since these cases are separate and independent of each other it is possible to have the criminal charges dismissed and still have your license suspended by losing the case against the Bureau of Motor Vehicles.

With respect to the criminal case, the prosecution has two separate theories in which to bring the charges. The first theory, and the most common, is the "per se" theory. Under this theory, the prosecution must prove that you were driving a vehicle with a blood-alcohol content of .08% or higher. It makes no difference whether your consumption of alcohol negatively impaired your ability to safely drive. This theory relies solely on your body chemistry.

The second theory is the traditional common law "under the influence" theory. Under this theory, the prosecution must prove beyond a reasonable doubt that due to your consumption of alcohol, your mental and physical faculties were negatively affected. The evidence typically introduced to prove this theory can include the arresting officer's testimony regarding your field sobriety test, your driving pattern and physical appearance and possibly the testimony of eyewitnesses.

Ohio Criminal Penalties

First offense: if this is your first conviction for a DUI in Ohio the penalties include a minimum of three consecutive days in jail or a three-day driver intervention program; a fine of between $200 and $1000 and a court imposed license suspension of six months to three years.

Second offense: if this is your second conviction for a DUI in Ohio you will serve a minimum of 10 consecutive days in jail or five days in jail plus 18 days to 6 months of electronically monitored house arrest; a fine of between $300 and $1500; a discretionary driver's intervention program; a court imposed license suspension of between one year and five years and vehicle immobilization and plate impoundment for 90 days.

Third offense: if this was your third conviction for a DUI in Ohio the potential penalties include a jail sentence of between 30 consecutive days to one year in jail or 15 days in jail plus a minimum of 55 consecutive days of electronically monitored house arrest with a maximum of one year; a fine of between $500 to $2500; mandatory attendance at an alcohol treatment program; a court imposed license suspension of between one and ten years and a vehicle immobilization and plate impoundment for 180 days.