Ohio Drunk Driving Laws
Drunk driving crashes often result in serious injuries. Victims may face a long road to recovery, including rising medical bills and lost wages from being unable to work.
Ohio’s drinking and driving laws are designed to hold impaired drivers accountable and allow victims to seek compensation for their losses, including physical and emotional suffering. Unfortunately, many insurance companies are determined to pay as little as possible for each claim. A skilled personal injury lawyer can explain your options and fight to recover compensation for you.
Overview of Ohio DUI Laws: Why They Matter to Drunk Driving Accident Victims
Ohio calls drunk driving OVI (operating a vehicle impaired), although you may have heard it referred to as “DUI” (driving under the influence). These laws exist to protect everyone on the road. A driver can be charged with OVI if they operate a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher, or with certain drugs in their system.
These laws help establish the other driver’s fault in a personal injury case. Chemical tests (like breath, blood, or urine tests) are powerful evidence in your civil case. If the driver is convicted in criminal court, that fact can significantly increase the likelihood of recovering full and fair compensation. In short, when a driver violates Ohio’s OVI laws, their impairment is a big part of proving negligence and recovering compensation.
What Is Ohio’s Legal Alcohol Limit? Understanding BAC (Blood Alcohol Concentration) Limits
Ohio sets different BAC thresholds depending on the driver’s age and license type:
- Drivers 21 and older: 0.08 percent
- Commercial drivers: 0.04 percent
- Drivers under 21: 0.02 percent
Chemical tests are the main tools police use to measure BAC. If you are injured by someone whose BAC exceeds these limits or is impaired by drugs, that evidence directly supports your claim for damages. Even if the driver refuses testing, violating Ohio’s implied consent laws typically results in license suspension. This can be used as evidence of impairment in your civil case.
Penalties for DUI/OVI in Ohio: First-Time and Repeat Offenses
The penalties for an OVI conviction depend on the driver’s BAC level and prior history:
- First offense with a BAC under 0.17 percent: This is punishable by up to six months in jail, fines of up to $1,075, and a driver’s license suspension of up to three years.
- First offense with a BAC of 0.17 percent or higher: A first offense with a high BAC is punishable by up to six months in jail, fines up to $1,075, and a license suspension of up to three years. A driver could spend a minimum of six days in jail or a special program.
- Second offense within 10 years: A second offense is punishable by at least 10 days in jail (up to six months), fines ranging from $525 to $1,625, license suspension up to seven years, and mandatory installation of an ignition interlock device.
- Third offense within 10 years: Third offenses are punishable by at least 30 days in jail (up to one year), fines of $850 to $2,750, license suspension of two to 12 years, and possible vehicle forfeiture.
If a drunk driver causes serious injury or death, charges escalate to felonies. These enhanced penalties often lead to more substantial evidence for the victim’s personal injury case—and strong leverage in settlement negotiations.
Underage DUI in Ohio and Impact on Accident Victims
Drivers under 21 are subject to Ohio’s zero-tolerance law. Even a BAC of 0.02 percent (typically less than one drink) can result in penalties like:
- Up to 30 days in jail
- License suspension for 90 days to two years
- Fines
- Mandatory education or treatment programs
This means an underage driver’s impairment, no matter how small, can help establish fault. Juries and insurance adjusters may be less sympathetic to a driver who is not legally allowed to drink at all, but still chose to drive after consuming alcohol.
What to Do If You’re Hit by a Drunk Driver in Ohio
Taking action right away can make a significant difference when proving that the other driver was intoxicated and that you were injured as a result. Here’s what to do:
- Call 911 to get police and medical responders on scene.
- Inform the officer if you suspect the other driver is impaired.
- Get medical care right away and keep all treatment records.
- Collect information from the other driver and any witnesses.
- Request the police report and BAC test results later.
- Preserve evidence such as dashcam video, photos, or damaged vehicle parts.
- Contact a personal injury attorney to review your claim.
Legal Options After Being Hit by a DUI Driver in Ohio
If you are injured in a crash caused by a drunk driver, you may have several legal options:
- Personal injury lawsuit – A personal injury lawsuit is a civil suit, separate from the driver’s criminal charges. If successful, you could recover damages for medical bills, lost wages, pain and suffering, and property damage.
- Wrongful death lawsuit – If a loved one dies from their injuries, their surviving family can pursue compensation in a civil wrongful death suit.
- Punitive damages – If the driver was extremely reckless, courts may award additional damages as punishment. Punitive damages are relatively rare.
If The Driver’s DUI Case Is Dismissed, Does That Affect My Injury Lawsuit?
Even if the driver’s OVI charges are dismissed, that won’t automatically end your civil claim. The key differences are:
- Different standards of proof – Criminal cases require proof beyond a reasonable doubt. Civil cases require only a preponderance of evidence. That makes civil claims easier to prove.
- Independent proceedings – Criminal and civil cases operate separately, in different court systems.
- Alternative evidence – Even without a conviction, you can use police reports, witness testimony, and crash reconstruction to prove impairment.
How Our Ohio Car Accident Lawyers Help DUI Crash Victims
An experienced Ohio car accident lawyer takes on the legal work so you can focus on healing. Your lawyer will handle negotiations with insurance companies and make sure your claim is filed within the applicable deadlines. They will also gather BAC test results, crash reports, and witness statements to support your claim. Depending on your unique case, they may work with accident reconstruction experts to prove that the other driver’s impairment caused the crash.
Contact Our Ohio Drunk Driving Car Accident Attorney for Help
If you were hit by a drunk driver in Ohio, you have the right to pursue full and fair compensation. Amourgis & Associates, Attorneys at Law, can fight to recover money for you. Call today for a free consultation.
