OVI High Test
An officer will ask you to submit to a chemical test when they suspect you are driving under the influence. These chemical tests can include the samples of your breath, urine or blood. The results can be either high or low, and they dictate the penalties for an OVI.
A recent change in Ohio law removed the requirement a vehicle had to be motorized. Now, you can be charged with an OVI while operating just about any vehicle.
Columbus, OH OVI High Test Defense Lawyer
Attorneys at Joslyn Law Firm have received national recognition for their skilled DUI defense. We will use this experience to assess and analyze every possible legal option available for you. Call to schedule a confidential consultation.
We proudly defend clients of DUI / OVI charges in counties such as Franklin County, Delaware County, Union County and Madison County.
Information Center
- What is an OVI High Test in Ohio?
- Penalties for OVI High Test
- Does Ohio have Implied Consent Laws?
- Additional Resources
What is an OVI High Test in Ohio?
When you take a test you want a high score, but not when it comes to an OVI chemical test. If your chemical test is over a certain limit, you could face heightened OVI penalties.
When the officer has enough probable cause to believe you are operating a vehicle under the influence, they will ask you to submit to an OVI chemical test. This can be administered by testing your breath, urine or blood.
What is considered a high test will depend on the level of drugs or alcohol in your system at the time of the test. Listed in the chart below are levels considered high test based on substance and sample method:
| Substance | Breath | Urine | Blood |
| Alcohol | 0.17 or higher | 0.238 or higher | 0.17 or higher |
| Marijuana | N/A | 10 ng or higher | 2 ng or higher |
| Cocaine | N/A | 150 ng or higher | 50 ng or higher |
| Methamphetamine | N/A | 500 ng or higher | 100 ng or higher |
| Heroin | N/A | 2,000 ng or higher | 50 ng or higher |
| Amphetamine | N/A | 500 ng or higher | 100 ng or higher |
| LSD | N/A | 25 ng or higher | 10 ng or higher |
Penalties for OVI High Test
The penalties for an OVI high test are harsher than those for an OVI low test.
Because of this, you will want to seek a Columbus DUI attorney with experience defending OVI charges with a high test.
A first OVI offense with a high test is a first-degree misdemeanor punishable by the following penalties:
- A mandatory minimum of six days in jail but no more than six months
- Fine between $375 and $1,075
- License suspension for one to three years
- Limited driving privileges for 15 days
- Mandatory yellow plate (Restricted license plates)
- Possible ignition interlock device
A second OVI high test is a first-degree misdemeanor punishable by the following:
- A minimum of 20 days in jail but up to six months
- Fine between $525 and $1,625
- License suspension for one to seven years
- Limited driving privileges for 45 days
- Mandatory yellow plates (Restricted license plates)
- Possible ignition interlock device
- Mandatory alcohol or drug treatment program
A third OVI offense with a high test is an unclassified misdemeanor punishable by the following:
- A minimum of 60 days in jail but up to a year
- Fine between $850 and $2,750
- License suspension for two to 12 years
- Limited driving privileges for 180 days
- Mandatory yellow plates (Restricted license plates)
- Possible ignition interlock device
- Mandatory alcohol or drug treatment program
Any fourth or subsequent OVI arrest with a high test is charged as a felony. Depending on the circumstance of your case, you could face up to three years behind bars, a fine of up to $10,500 and lose your driving privileges for life.
Does Ohio have Implied Consent Laws?
When you accept a driver’s license in Ohio, you agree to let the state test your breath, urine or blood. This is defined as implied consent, and it’s listed under section 4511.191 of the Ohio Revised Code.
You have the right to refuse a chemical or field sobriety test, but once you are arrested, you cannot refuse without facing the consequences. You will not face any time in jail or fines for refusing a chemical test, but you will have your license suspended. This suspension can range from one to five years depending on how many times you have refused a chemical test.
You should always refuse a chemical test. Doing so will make it tougher for prosecutors to convict you because they will not have any hard evidence to use against you.
Additional Resources for OVI High Test
Operating a Vehicle Under the Influence of Alcohol or Drugs | Ohio Revised Code– Follow this link to read the full text of the ORC chapter governing OVI in the state. You can read the precise legal definition of OVI, learn how the crime is charged and how juveniles are charged for OVI offenses. The section can be read on the Ohio Laws and Rules website.
OVI Penalties– View a chart provided by the Garfield Heights Municipal Court. The chart features OVI related offenses and how they are penalized in Ohio. You can view a full list of penalties for refusing a chemical test, OVI with high and low test and physical control.
Columbus, OH OVI Defense Attorney
Exercise your right to legal counsel and contact Joslyn Law Firm. We will aggressively advocate on your behalf and do everything in our power to achieve the best possible outcome for your situation. Call to schedule a confidential consultation.
Joslyn Law Firm represent clients in counties throughout central Ohio including Pickaway County, Fairfield County, Licking County and more.