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BAC Over .17

When you are pulled over for the suspension of drunk driving, a police officer will conduct a breathalyzer test. This test is used to determine the amount of alcohol in your system. You may think every OVI arrest is the same no matter the level of alcohol in your body, but this is not true.

The level of alcohol in your system is used to determine how you should be charged. You could face steep penalties if you end up having a BAC over .17. Regardless, you will need the guidance of an experienced DUI / OVI attorney on your side.

Columbus, OH BAC Over .17 Defense Lawyer

Time is of the essences when it comes to planning a defense for an OVI charge with a BAC over .17. The sooner you contact Joslyn Law Firm, the better your chances of a more favorable outcome in court. Call (614) 300 - 3025 to schedule a confidential consultation.

Joslyn Law Firm represents clients accused of OVI with a BAC over .17 in central Ohio counties such as Franklin County, Delaware County, Union County and Madison County.


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What is an OVI High Test?

When you take a breathalyzer test, your alcohol concentration levels can be either low or high. When your BAC is .17 or higher, it’s considered a high test. An OVI with a BAC over .17 is more heavily penalized than an OVI with a low test.

For a first OVI offense with a BAC of .17 or higher, you could be charged with a first-degree misdemeanor. If convicted, you could face the following penalties:

  • A mandatory minimum sentence of six days behind bars, but no more than six months in jail
  • A fine between $375 and $1,075
  • A license suspension for one to three years
  • Limited driving privileges for 15 days
  • Mandatory restricted license plates
  • Possible ignition interlock device

A second OVI with a BAC over .17 is also charged as a first-degree misdemeanor, but you will face heightened penalties. If convicted, you could be penalized with the following:

  • A mandatory minimum of 20 days in jail but no more than six months.
  • Between $525 and $1,625 in fines
  • A license suspension for one to seven years
  • Limited driving privileges for 45 days
  • Mandatory restricted license plates
  • Possible ignition interlock device
  • Mandatory alcohol or drug treatment

The more you are convicted of an OVI with a BAC over .17, the more unforgiving the Ohio courts become. A third OVI conviction with a BAC over .17, is an unclassified misdemeanor punishable by the following:

  • A mandatory minimum sentence of 60 days in jail, but no more than a year
  • A fine between $850 and $2,750
  • A license suspension for two to 12 years
  • Limited driving privileges for 180 days
  • Mandatory restricted license plates
  • Possible ignition interlock device
  • Mandatory alcohol treatment program

A fourth or subsequent OVI with a BAC over .17 is charged as a felony. You could spend up to three years in prison, pay a fine costing up to $10,500 and lose your driving privileges for life.


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Ohio OVI Laws

Being familiar with the state’s laws and regulations make you a better-informed citizen. The laws governing OVI in the state are listed under section 4511.19 of the Ohio Revised Code.

Under this section, it’s illegal for any person to operate a vehicle, streetcar, or trackless trolley in Ohio under the following conditions:

  • Under the influence of alcohol, a drug of abuse, or a combination of the two.
  • With a BAC of 0.08 or more
  • With a concentration of any of the following controlled substances:
    • Marijuana
    • Methamphetamine
    • Amphetamine
    • Cocaine
    • Heroin
    • LSD
    • Angel dust

By accepting an Ohio driver’s license, you are consenting to chemical tests by law enforcement. This is called implied consent. You have the right to refuse chemical tests and you always should. But once you are arrested, you cannot refuse without consequence.

Your driver’s license will be suspended when you refuse a chemical test. How long it’s suspended will depend on previous refusals. Not all hope is lost when your license is suspended. Joslyn Law Firm will petition the court for limited driving privileges so you can continue about your everyday life.


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Additional Recourses for BAC Over .17 

Operating Vehicle Under the Influence | Ohio Revised Code– Follow this link to read the full text of the section of the Revised Code governing OVI. You can learn about the legal limits for controlled substances and penalties for minors. The section can be read on the Ohio Laws and Rules website.

Implied Consent | Ohio Revised Code– Learn more about the state’s implied consent laws. You can read the precise legal definition of implied consent and other information like suspended commercial driver’s license and warrants for a chemical test.


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DUI Attorney for BAC over .17 in Columbus, OH

Let us put our OVI defense experience to work for you. Schedule a time to speak with the attorneys at Joslyn Law Firm more about your case. Call (614) 300 - 3025.

We proudly defend clients of OVI offenses in counties in central Ohio including Pickaway County, Fairfield County, Licking County and more.


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