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Ohio

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Per se limit greater than zero for some drugs

Cannabis Drug-Impaired Driving Laws

THC per se (2 nanograms)

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.17

DUI Look-back Periods

Six years

Open Container - Alcohol

Does not meet Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

6-10 DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

Affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Incentivized first offender and mandatory repeat

Electronic Warrants (E-warrants) Authorization

Court Rule/Order

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

None

False Identification - Sanctions

Administrative license suspension

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

voluntary laws

Implied Consent Laws

Drugs

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.

Blood

Yes
Whole blood, blood serum or plasma

Urine

Yes

Oral Fluids

No

Other

Yes
Breath

DUI Statutes

Drugs

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.

Combined/Multiple Substance

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.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

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.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Six months to three-year suspension for first offense.

Hardship License Available

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.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

No
Interlock requirements appear to be based on alcohol.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

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.

Cannabis Per Se Statute

4511.19 - Learn More

Threshold

see below

Nanogram Limit

see below

DUI Standards

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

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available
No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

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.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

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.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

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 or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None
Ohio has largely decriminalized marijuana laws but it remains illegal to use recreational cannabis.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

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.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

No Data Available