Fourth offense
Per se limit greater than zero for some drugs
THC per se (2 nanograms)
Enhanced penalties
0.17
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law enacted
151-250 DREs
6-10 DUI Courts
No Hybrid Courts
No cannabis open container law
Medical Cannabis & Decriminalized
Blood and urine
Affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Incentivized first offender and mandatory repeat
Court Rule/Order
Cannabis
Administrative license suspension
Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
voluntary laws
4511.191 - Learn More
Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine.
Yes
Whole blood, blood serum or plasma
Yes
No
Yes
Breath
4511.19 - Learn More
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
4511.19 - Learn More
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
4511.191 - Learn More
If a person refuses to submit to a chemical test upon a request made pursuant to division (A)(5)(a) of this section, the law enforcement officer who made the request may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person's whole blood or blood serum or plasma. A law enforcement officer who acts pursuant to this division to ensure that a person submits to a chemical test of the person's whole blood or blood serum or plasma is immune from criminal and civil liability based upon a claim for assault and battery or any other claim for the acts, unless the officer so acted with malicious purpose, in bad faith, or in a wanton or reckless manner.
If a person refuses to submit to chemical testing the penalty is license suspension for 1 year for the first refusal, two years for the second refusal, and three for the third refusal.
Yes
Yes
Yes
Six months to three-year suspension for first offense.
Yes
Under Ohio law, the court can grant limited driving privileges for occupational, educational, vocational, or medical purposes in addition to attending court-ordered treatment programs.
No
Interlock requirements appear to be based on alcohol.
No Data Available
4511.19 - Learn More
Ohio has enacted a variation of a "zero-tolerance law" that applies to drug-influenced driving. Ohio's law states that if a driver tests for any of the listed drugs at a certain concentration level, the driver, whether a minor or an adult is presumed to be criminally under the influence of that drug for purposes of driving.
4511.19 - Learn More
see below
see below
Prohibited Substance Urine Blood Marijuana 10 ng/ml 2 ng/ml Marijuana metabolite 35 ng/ml 50 ng/ml Marijuana metabolite in 15 ng/ml 5 ng/ml combination with alcohol or other drugs
No Data Available
No Data Available
No Data Available
4511.19 - Learn More
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
Yes
4511.19 - Learn More
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
First offense 1st degree misdemeanor – Mandatory minimum of 3 days consecutive imprisonment with maximum of 6 months imprisonment or required attendance in a driver's intervention program for 3 days. Fine of not less than $375, not more than $1075 with 6 months to 3 year suspension.
Second offense within 6 years is a misdemeanor – Mandatory minimum of 10 consecutive days imprisonment with maximum imprisonment 6 months. Required assessment by alcohol and drug treatment program. Fine not less than $525 and not more than $1,625. Class 4 license suspension of 1 to 5 years. Offender vehicle and license plates impounded for 90 days.
Third offense within 6 years is a misdemeanor – Mandatory minimum of 30 consecutive days imprisonment with a maximum of not more than 1 year. Fine of not less than $850 and not more than $2,750. Class 3 license suspension of 2 to 10 years. Required participation in an alcohol and drug addiction program and criminal forfeiture of vehicle.
Fourth or Fifth offense is a 4th degree felony – Mandatory minimum of 60 days consecutive imprisonment with a maximum imprisonment for 1 to 5 years. Fine not less than $1350 and not more than $10,500. Three years to life driver license suspension. Participation in an alcohol and drug addiction program and potential criminal forfeiture of vehicle.
Sixth Offense (or more) is a 3rd degree felony – Mandatory minimum of 120 days consecutive imprisonment with potential imprisonment for 1 to 5 years. Fine of not less than $1350 and not more than $10,500. Driver license suspension. Mandatory participation in an alcohol and drug addiction program and potential criminal forfeiture of vehicle.
Child endangerment charges can range from a first degree misdemeanor, punishable by up to 180 days in jail to a second degree felony, punishable up to 8 years prison. If this is a first DUI offense and the driver had children in the car, he will likely be charged with a first-degree misdemeanor.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
None
Ohio has largely decriminalized marijuana laws but it remains illegal to use recreational cannabis.
Illegal
Illegal
Illegal
Illegal
Yes. However, a certified physician may recommend treatment with medical marijuana only after obtaining the consent of a parent or another person responsible for providing consent to treatment. Minors are also required to have an adult caregiver.
No Data Available
No Data Available
No Data Available
No Data Available
Less than 200 grams is a felony with one year potential imprisonment and up to $2,500 in fines and these will be enhanced if sale is to a minor, within 1000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction.
No Data Available