Legal Question in DUI Law in Ohio

In Ohio, if you take the test back at the station and fail it (by registering more than .08) then you are charged with R.C. 4511.19(A)(1) and (A)(3). Under the (A)(1) charge, the allege that you were operating your vehicle with some amount of alcohol in your system, regardless of how much or how little, but that it appreciably impaired your ability to drive.

Under the (A)(3) charge, they are alleging that you drove with .08 or more alcohol in your system, regardless of whether or not it impaired your ability to drive.

Since you friend blew under .08, she cannot be charged under R.C. 4511.19(A)(3). But she can be charged under (A)(1) if they have evidence that the .073 that was in her system was causing her to drive poorly.

If she needs representation on this, she should get an attorney. She can email me at [email protected] if she does not have someone else in mind.