High BAC at .17 or Above

Although any OVI charge is serious, if your BAC was at .17 or above then the penalties are increased. Call the Cincinnati drunk driving defense attorneys at Joslyn Law Firm to discuss your case and any breath or blood alcohol concentration over .17.

We provide a free consultation. The most effective defense in these cases involves fighting to get the chemical test results excluded at trial. We are experienced with the techniques used by local law enforcement agencies in Hamilton County, OH, including the Hamilton County Sheriff's Office, the Cincinnati Police Department and the Hamilton County OVI Task Force.


Difference Between the OVI High Test and OVI Low Test

If you submit to a breath test or blood test to determine your alcohol concentration for a first time OVI, then you can be charged with a “low test” or “high test” DUI. The penalties are increase if your BAC is considered to be high under Ohio law.

Under ORC 4511.19(A)(1)(h)), a “high test” result is set as follows:

  • a breath test at .17 or above; 
  • a urine test at .238 or above; or
  • a whole blood test at .17 or above; or
  • a blood serum or plasma test at .204 or above.

The penalties for a high BAC for a First OVI charge include:

  • a minimum of 6 days in jail (or 3 days in jail and 3 days in a driver's intervention program) and up to 6 months in jail as the statutory maximum;
  • fines of $375 to $1,075;
  • a driver’s license suspension for between 6 months to 3 years;
  • the person is not eligible for driving privileges until 15 days from the date of the offense (ALS suspension);
  • yellow plates are mandatory; and
  • the ignition interlock devise is optional at the discretion of the judge.

Additional Resources

Driver Intervention Program (DIP) in Cincinnati, Ohio - The DIP weekend program is offered Thursday evening through Sunday afternoon. Certified by the Ohio Department of Mental Health and Addiction Services (OMHAS), the Driver Intervention Program in Cincinnati, Ohio, provides prevention and assessment within a hotel setting for first-time DUI offenders in the state of Ohio. Services include alcohol and drug education, traffic safety, and referral. DIP is designed to reduce the likelihood of repeat DUI behavior.  Special sessions are offered to adolescents, juvenile drivers, and those under the age of 21 years old.


Finding an Attorney for a High BAC OVI at .17 or Above in Cincinnati, OH

If you were arrested for a drunk driving offense in Cincinnati or the surrounding areas of Hamilton County, Ohio, then contact an experienced criminal defense attorney at Joslyn Law Firm. Whether this is your first OVI case or a second or subsequent OVI, we can help you fight for the best result.

We work hard to protect our clients from the harsh and enhanced penalties that come with this offense. Call (513) 399-6289 to talk to us about your case and to schedule a free consultation.

This article was last updated on Wednesday, November 18, 2015.