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DUI LAW
| Offense |
Code Section |
Basis of Offense |
| DUI |
4511.19 (A)(1)(a) |
The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.
This is based entirely on the police officer’s observations, such as:
- Driving or evidence thereof;
- Odor of alcoholic beverage on/about the person;
- Speech (slurred, slow & deliberate);
- admissions of drinking alcoholic beverages;
- eyes (bloodshot & glassy) and the HGN (Pen Test);
- balance – unsteadiness or staggering and Standardized Field Sobriety Tests: Walk & Turn, and One Leg Stand;
- Other general observations – open beer cans in vehicle, vomit on clothing or car, being passed out in parked car, mood swings, being argumentative, etc…
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| DUI |
4511.19 (A)(1)(b) |
Blood Test with a concentration of .08 – .169 of 1% by weight of alcohol in the whole blood.
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| DUI |
4511.19(A)(1)(c) |
The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma. |
| DUI |
4511.19 (A)(1)(d) |
Breath Test with a .08 - .169 of 1 gram by weight (B.A.C.) per 210 liters of breath.
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| DUI |
4511.19 (A)(1)(e) |
Urine Test with a .11 - .237 weight of Alcohol per 100 milliliters of urine.
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HIGH TIER or SUPER DUI's
| Offense |
Code Section |
Basis of Offense |
| DUI |
4511.19 (A)(1)(f) |
Blood Test with a concentration equal to or greater than .17 of 1% by weight of alcohol in the whole blood.
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| DUI |
4511.19(A)(1)(g) |
The person has a concentration of two hundred four-thousandths (.204) of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma |
| DUI |
4511.19 (A)(1)(h) |
Breath Test with a concentration equal to or greater than .170 of 1 gram by weight (B.A.C.) per 210 liters of breath.
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| DUI |
4511.19 (A)(1)(i) |
Urine Test with concentration equal to or greater than .238 weight of alcohol per 100 milliliters of urine.
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| DUI |
4511.19 (A)(2) |
Refusing the chemical test(s) if within 20 years of the new offense, has been previously convicted of division (A)(1) or (B) of this section or a municipal OVI offense.
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