Legal Question in DUI Law in Ohio

Re: Super DUI laws

These are questions that you should address to your attorney, however, I can give you some general background information. The legal limit for blood alcohol content is 0.08%, and you tested 0.216% -- more than 2 and 1/2 times the legal limit. Because of that, the Court treats your offense much more harshly than they would someone who tested a 0.11%.

OVI carries a maximum punishment of 180 days in jail and a minimum of 3 days in jail for low test results. First offenders with low tests can substitute 3 days in an alcohol education program for the mandatory 3 days. The Judge still has the power to impose up to 180 days.

With any test at 0.17% or higher the Court is required to impose 3 days in jail in addition to the 3 day alcohol education program.

At one point the yellow plates were mandatory for anyone with a high test. The Legislature was looking at changing that, but I do not know if they have acted yet. Even if not mandatory, many judges view a high test as a sign of an alcohol problem so they require the yellow plates. That is within the Judge's power.

IF you have additional questions you should ask your attorney. Although some might say you would have been better off to refuse the test, you would have lost your right to drive for at least one year. Under the current situation, the Judge has the power to grant occupational driving privileges -- whether he will do so is something that your lawyer can answer.