OVI, BAC limits and chemical test refusal

Key points

1. It is illegal to drive with a BAC of .08% or higher at any age.

   Source: Section 6

   “.08% or higher at any age”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

2. The limit is .04% for commercial drivers and .02% under 21.

   Source: Section 6

   “.04% or higher for commercial drivers .02% or higher when under the age 21”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

3. Ohio's legal drinking age is 21 or older.

   Source: Section 6

   “In Ohio, the legal drinking age is 21 years or older”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

4. If a test within two hours of arrest shows .08 or higher, the officer takes your license and a suspension of up to five years begins at once.

   Source: Section 6

   “If an individual consents to a chemical test within two hours of the arrest and the test results show a BAC of .08 or higher, the arresting officer confiscates the Driver License and notifies the driver of their suspension. A sworn statement is sent to the BMV and a suspension up to five years begins immediately.”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

5. Refusing a test brings a suspension of one to five years, starting immediately.

   Source: Section 6

   “The BMV is then required to impose a suspension for a period of one to five years, which starts immediately.”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

6. The refusal suspension stands even if you are later acquitted of the OVI charge.

   Source: Section 6

   “The suspension will stand even if the individual is ultimately acquitted of the OVI (operating a vehicle while impaired) charge.”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

7. Ohio calls impaired driving OVI, operating a vehicle while impaired.

   Source: Section 6

   “The suspension will stand even if the individual is ultimately acquitted of the OVI (operating a vehicle while impaired) charge.”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

8. An OVUAC (under 21) can bring a three month to two year suspension, a remedial course and a retest.

   Source: Section 6

   “Operating a Vehicle after Underage Alcohol Consumption (OVUAC) (Under age 21) An OVUAC can result in a license suspension of three months to two years and require the driver to take a remedial driving course”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

9. Even legal prescription or over-the-counter medicine may affect your driving.

   Source: Section 6

   “Even prescription or over-the-counter medication may affect an individual’s driving ability.”
   Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6

Numbers to know

3 questions from the Ohio practice test

1. 1. For a driver age 21 or older operating a noncommercial vehicle in Ohio, what is the lowest BAC covered by the general alcohol per se threshold?

   1. .02% or higher
   2. .04% or higher
   3. .08% or higher
   4. .12% or higher
   Show answer

   .08% or higher. Ohio lists .08 percent or higher as unlawful operation for a driver of any age. The .04 percent threshold applies to commercial drivers, while .02 percent applies when the driver is under 21. Those figures are tied to different classifications and should not replace the general threshold in this question. A useful memory cue is to match the number with the driver category before choosing. Regardless of the number, alcohol or drugs can impair judgment and reaction time below a legal threshold, so a safe driver never treats the limit as a target.

2. 2. What suspension range may Ohio impose when a driver refuses a chemical test?

   1. Only 30 days after conviction
   2. Exactly six months beginning after trial
   3. One to five years, beginning immediately
   4. No suspension if the driver is later acquitted
   Show answer

   One to five years, beginning immediately. Ohio states that refusing a chemical test can bring a suspension for one to five years, beginning immediately. The consequence is administrative and is not limited to a 30-day period or postponed until trial. The manual also says the suspension stands even if the driver is ultimately acquitted of the OVI charge, so the no-suspension answer reverses the stated rule. The cue is refusal, immediate start, and a one-to-five-year range.

3. 3. What happens to an Ohio refusal suspension if the driver is later acquitted of the OVI charge?

   1. It is automatically canceled
   2. It still stands
   3. It changes to a 30-day suspension
   4. It waits until a second conviction
   Show answer

   It still stands. Ohio states that a refusal suspension remains in place even if the driver is ultimately acquitted of the OVI charge. Acquittal does not automatically cancel it, convert it to 30 days, or defer it until another conviction. This is an administrative consequence separate from the criminal case outcome. The cue is to keep the two tracks distinct: the court result may resolve the charge, while the refusal suspension still stands.

Source: the Ohio Driver Manual, Digest of Motor Vehicle Laws, Section 6: State Laws and Penalties. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.