OVI High Test

In Ohio, driving under the influence is known as operating a vehicle while impaired, or OVI. When you take an OVI test your results can either be positive or negative with a high or low test for alcohol or drugs. Both results come with penalties, but penalties for a high test are harsher.

A recent change to Ohio law removed the requirement that a vehicle had to be motorized. Now it’s a crime to operate any vehicle while under the influence of drugs or alcohol. Not only are motorized vehicles included, but so are bikes and horse-drawn carriages.

Lawyer for OVI High Test

If you have recently taken an OVI test and received high results, you should seek legal counsel from Joslyn Law Firm to ensure your case is handled with trust and diligence. Our attorneys are experienced with OVI high test and will strive to protect your rights.

Call us today at (513) 339-6289 or fill out our online form and one of our attorneys will review your case for free. We proudly serve communities around the Cincinnati area that include Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford and numerous others.



Ohio Information Center


Back to Top

What is Considered High Test OVI?

There is no difference between an OVI and a DWI, so the same regulations apply. Based on Ohio Revised Code 4511.19, an OVI test can be administered based entirely on a police officer’s observations, such as:

  • Smell of alcohol or marijuana in the car or on the person
  • Slurred or slowed speech
  • Admitting to have drunk alcohol or taken drugs
  • Eyes are glassy or bloodshot
  • Balance is staggering or unsteady
  • Other observations such as vomit on clothes or car, passed out in the vehicle, mood swings or paraphernalia in car

When an officer has probable cause to believe you are operating a vehicle while under the influence, he or she will administer and OVI test. The test can be administered in numerous ways that include a breath, urine, and blood or plasma test. 

What is considered a high test depends on the amount of drugs or alcohol in your system at the time of the test. Below are examples of an OVI high test for alcohol, marijuana, cocaine and methamphetamine.

Alcohol:

  • Breath - .17% or higher
  • Urine - .238% or above
  • Blood- .17% or higher
  • Plasma - .204% of above

Marijuana:

  • Urine - .10 ng or higher
  • Blood or plasma- 2 ng or above

Cocaine:

  • Urine – 150 ng or higher
  • Blood or plasma – 50 ng or above

Methamphetamine:

  • Urine – 500 ng or higher
  • Blood or plasma- 100 ng of above

Back to Top

Possible Penalties

The penalties are severe if you are arrested for driving under the influence in Ohio or if you refuse to take an OVI test. The penalties can range from six months to three years in prison and depend on whether or not you have been previously convicted. Listed below are the suggested penalties for an OVI high test:

  • First time offenders could be charged with a first-degree misdemeanor that entails six to 180 days in jail, fines ranging from $375 to $1,075, a license suspension for at least 1 year and up to 3 years, and have limited driving privileges for 15 days
  • Second time offenders can be charged with a first-degree misdemeanor that entails a minimum of 20 days and up to six months in jail, fines that range from $525 to $1,625, a license suspension for at least one year and up to seven, required to have yellow plates, limited driving privileges for 45 days and mandatory alcohol/drug addiction program.
  • Third time offenders can be charged with a misdemeanor and be required to spend a minimum of 60 days in jail and up to a year, fines ranging from $850 to $2,750, attend an alcohol/drug addiction program, two to 12 years of a suspended license, limited driving privileges for 180 days and yellow plates.
  • Fourth time offenders can be charged with a fourth-degree felony and spend at least 60 days in jail and up a year in prison, pay fines that range from $1,350 to $10,500, attend a mandatory drug and alcohol addiction program, have a license suspension for three years to life, limited driving privileges for three years and be required to have yellow plates.

These penalties can be elevated under certain circumstance. Some of these circumstances include driving under a suspended license, if a minor was in the car and if an accident was caused as a result of driving under the influence.


Back to Top

Additional Resources for OVI High Test

OVI High Test Offense & Penalties – View a complete list of controlled substances and their OVI high test levels and penalties. The list includes the most common controlled substances such as heroin, LSD and amphetamines. The list of penalties includes those for driving under the influence while underage and OVI charges from first offense to fifth.

Ohio Revised Code 4511.19- Full text of the Ohio Revised Code that governs OVI laws in the state can be read in full on code.ohio.gov. The statute covers issues like underage OVI, suggested penalties and what constitutes operating a vehicle under the influence. Codes.ohio.gov is a site that features both the Ohio Revised Code and the Administrative Code.

Attorney for OVI High Test

Being charged with an OVI high test can result in harsh penalties, but an experienced defense team from Joslyn Law Firm could possibly get those charges reduced or dismissed. Our attorneys serve communities in the Cincinnati are that include Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford, and many others in the central Ohio area.

Call us today at (513) 339-6289 or submit your information in our online form and one of our attorneys will review your case for free.

 


Back to Top

Proudly Recognized by Respected Legal Organizations

NACDA Top Ten Selection for Criminal Defense in Ohio NACDA Top Ten Selection for Criminal Defense in Ohio National Trial Lawyers Association Top 100 National Trial Lawyers Association Top 100 Member of the National Association of Criminal Defense Lawyers Member of the National Association of Criminal Defense Lawyers Better Business Bureau Accredited Business Better Business Bureau Accredited Business Nationally Ranked Superior DUI Attorney by the NAFDD Nationally Ranked Superior DUI Attorney by the NAFDD Member of the National College for DUI Defense Member of the National College for DUI Defense Member of the Federal Bar Association Member of the Federal Bar Association Superb Rating for Criminal Defense on Avvo Superb Rating for Criminal Defense on Avvo
Member of the Ohio Association of Criminal Defense Lawyers Member of the Ohio Association of Criminal Defense Lawyers Member of the American Bar Association Member of the American Bar Association Member of the National Police Accountability Project Member of the National Police Accountability Project Member of the National Organization for the Reform of Marijuana Laws Member of the National Organization for the Reform of Marijuana Laws Member of the DUI Defense Lawyers Association Member of the DUI Defense Lawyers Association Member of the American Association for Justice Member of the American Association for Justice