Section 6: State Laws and Penalties

the legal drinking age in ohio is

21 years or older

it is illegal to operate a motor vehicle with a BAC level of

0.08% or higher at any age

0.04% or higher for commercial drivers

0.02%or higher under the age of 21

if an individual is stopped for suspecting dui, officer will conduct

sobriety tests, and a chemical test to find the amount of drug or alcohol content in the blood

when an individual consents to a chemical test within two hours of the arrest and test come back 0.08% or higher BAC, driver's license is confiscated and an officer notifies the driver of their suspension. a sworn statement is sent to the BMV and a suspension of up to 5 years begins immediately. the individual has the right to have an independent chemical test taken at their own expense

Administrative License Suspension (ALS) test over the limit

If an individual refuses to submit to a chemical test within two hours of the arrest, the arresting officer will confiscate driver's license and send a sworn statement to the BMV attesting to the refusal. the BMV is then required to impose a suspension for a period of one to five years, which starts immediately. the suspension will stand even if the individual is ultimately acquitted of the OVI charge

Administrative License Suspension (ALS) test refusal

results in license suspension of three months to two years and require the driver to take a remedial driving course, pay reinstatement fees, and retake the driver license examination. the driver may also serve jail time

Operating a vehicle after underage alcohol consumption (OUVAC) (Under age 21)

ALS - Refusal to test punishments

-first refusal - one year license suspension

-one prior refusal or OVI/drug conviction - two years license suspension

-two prior refusals or OVI/drug conviction - three years license suspension

-three or more prior refusals of OVI/drug conviction - 5 years license suspension

ALS - testing over the limit punishments

first test over the limit - three months (90 days) license suspension

one prior OVI/drug conviction - one year license suspension

two prior OVI/drug conviction - two years license suspension

three or more prior OVI/drug conviction - three years license suspension

if an individual is convicted of OVI five or more times in the preceding 20 years of an OVI violation, he or she will also have to

serve jail time and may be subject to immobilization or forfeiture of his or her vehicle and will be placed on Ohio's habitual OVI/OMVI Offender registry

any substance when taken into the human body can

impair the ability of the person to operate a motor vehicle

when taking over the counter drugs or prescription drugs like antidepressants, pain reducers, sleep aids, and sedatives

check warning labels or ask your doctor/pharmacist for any side effects before taking

any Ohio driver convicted of a traffic violation is assessed a specific number of ___ according to the type of violation, or subsequent violations. The number of _____ given for traffic violations are assessed by the court system

penalty points

if a driver accumulates 6 points within a two-year period,

the BMV will send a six-point warning letter to the driver

if a driver accumulates 12 or more points within a two-year period,

the BMV will impose a 12-point suspension of the driver license. to reinstate driving privileges, certain requirements must be met, not limited to, completing a remedial driving course, filing an SR-22 bond with the BMV, and paying reinstatement fees.

a SR-22 is

a certificate of financial responsibility, not an actual "type" of insurance, but a form filed with the state. Serves as proof your auto insurance policy meets the minimum liability coverage required by state law

moving violations, some speed offenses, restriction violations

2 points

willful or wanton disregard for safety of person or property

4 points

Failure to stop and disclose identity after a crash among other dangerous and serious actions

6 points

operating a motor vehicle while your license is under suspension is a

first-degree misdemeanor, and if convicted, you are subject to a fine of up to $1000. you may also be sentenced to a one-year drivers license suspension. people who knowingly allow someone with a suspended license to operate their vehicle may be subject to the same penalty as the driver who is under suspicion

no person shall

hang onto or ride on the outside of any moving motor vehicle

no driver of a truck, trailer, or semi-trailer shall knowingly permit any person under the age of 16 to ride in the enclosed or unroofed cargo storage area of the vehicle if it is traveling faster than 25 mph unless

-the cargo storage area of the vehicle is equipped with a properly secured seat and a safety belt that complies with federal standards

-an emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer, or semi-trailer

-the passengers are workers performing specialized highway or street maintenance or construction under the authority of a public agency

ohio law requires use of a child safety seat that meets

federal motor safety standards. make sure that it is installed properly in your vehicle and used in accordance with the manufacturers instructions.

all children age 12 and younger must be

properly restrained in the backseat

a rear-facing child safety seat is never

placed in front of an active passenger airbag

Children under age 4 and weigh less than 40 pounds must be

properly restrained in a child safety seat while being transported in a motor vehicle. the child seat must be labeled as meeting federal safety standards and be designed to meet the needs of your particular motor vehicle

age 4 & weigh 40 pounds but under age 8

the child must properly restrained in a booster seat unless the child is 4'9 in height or taller

age 8 but under age 15

the child must be properly restrained with a safety belt

children age 12 and younger

should sit in the rear seat of the vehicle to avoid injury from an air bag in the event of a crash

exemptions to the child passenger restraints/safety laws include

public safety vehicles, taxicabs, and vehicles not required by law to be equipped with safety belts at the time of manufacture

read your vehicle's owner manual and child restraint directions for

specific information on the child restraint system in your vehicle

the length of an ALS is determined by the number of previous refusals to test or OVI/drug convictions within the prior

10 years