Super DUI Offense in Ohio: Penalties, Felony Triggers, and License Loss

In Ohio, a “super DUI” is the informal name for a high-tier OVI, a charge that applies when a chemical test shows a blood alcohol concentration of 0.17% or higher, roughly twice the standard 0.08% limit. It carries heavier mandatory penalties than a regular OVI at every level: longer jail minimums, bigger fines, longer license suspensions, and an ignition interlock requirement from the first offense forward. A fourth conviction within ten years becomes a felony.

What Triggers the High-Tier Charge

A standard OVI requires impairment or a BAC of at least 0.08%. The high-tier version kicks in at much higher chemical test results. For alcohol, the thresholds under ORC 4511.19(A)(1)(f)–(i) are 0.17% in whole blood, 0.204% in blood serum or plasma, 0.17 grams per 210 liters of breath, and 0.238 grams per 100 milliliters of urine.¹

The same enhanced-penalty track applies to drug cases. Ohio sets per se concentration limits for cocaine, heroin, amphetamine, and marijuana metabolite, and exceeding any of them triggers high-tier treatment.¹

First-Offense Penalties

A first high-tier OVI is a first-degree misdemeanor. Even with a clean record, you face:

A mandatory minimum of six consecutive days in jail, or three days in jail combined with three days in a certified driver intervention program. Maximum sentence is one year.
A mandatory minimum fine of $375, with a statutory maximum of $10,750.
License suspension of one to three years.
An ignition interlock device on any vehicle you drive during limited driving privileges.
Mandatory participation in an alcohol or drug treatment program.

By comparison, a standard first OVI (BAC between 0.08% and 0.169%) carries a three-day jail minimum and a shorter six-month suspension floor.² The high-tier label doubles the jail minimum from day one, and the interlock requirement has no equivalent at the standard level for first offenders.

What Repeat Offenses Add Within Ten Years

Ohio looks back ten years when counting priors. A high test combined with any prior OVI inside that window pushes the mandatory minimums up sharply.

Second Offense

Still a first-degree misdemeanor, but the minimums climb:

20 consecutive days in jail, or 10 days in jail plus 36 days of house arrest with electronic monitoring or continuous alcohol monitoring. Six-month maximum.
Fines of $525 to $1,625.
License suspension of one to seven years, with limited privileges available after 45 days.
Restricted license plates. Vehicle immobilization for 90 days if the vehicle is registered to you.
A mandatory alcohol and drug assessment, with treatment required based on the results.¹

Third Offense

Classified as an unclassified misdemeanor, which sits between a standard misdemeanor and a felony:

60 consecutive days in jail, or 30 days in jail plus 110 days of house arrest with monitoring. One-year maximum.
Fines of $850 to $2,750.
License suspension of two to twelve years, with no limited privileges available for the first 180 days.
Possible forfeiture of a vehicle registered to you.
Mandatory enrollment in an alcohol or drug addiction program.¹

When a Super DUI Becomes a Felony

A fourth or fifth OVI within ten years, or a sixth within twenty years, is a fourth-degree felony. The consequences shift from county jail to possible state prison. For high-tier offenders at this stage:

A mandatory minimum of 120 consecutive days of local incarceration (up to one year), or 120 days in prison with the possibility of an additional six to thirty months.
Fines of $1,350 to $10,500.
License suspension of three years to life, with no limited privileges allowed for the first three years.
Mandatory forfeiture of a vehicle registered to you.

A felony conviction brings collateral consequences a misdemeanor does not, including potential loss of voting rights during incarceration and restrictions on firearm possession.¹ If a vehicle is under a court immobilization order and someone drives it anyway, the vehicle is seized and criminally forfeited.³

What Refusing the Test Does and Doesn’t Do

By driving in Ohio, you have already consented to a chemical test of blood, breath, or urine if an officer arrests you for OVI. The consent is automatic and does not require any separate agreement at the stop.⁴

Refusing does not keep you out of the high-tier track. The refusal itself triggers an administrative license suspension through the BMV, separate from any criminal penalties: one year for a first refusal, two years with one prior OVI or refusal, three years with two, and five years with three or more, all measured within ten years. Prosecutors can also tell the jury you refused. And if you refuse a test while having a prior OVI within twenty years, you face the same enhanced penalties as a high-tier test result.⁴

When You Can Drive Again

Ohio courts can grant limited driving privileges for work, school, or medical appointments, but you cannot apply right away. The waiting period before a judge can even consider the request depends on your prior record within ten years:

No priors: 15 days from the start of suspension.
One prior: 45 days.
Two priors: 180 days.
Three or more priors: three years.

Even once you qualify, the court can condition limited privileges on an ignition interlock device in every vehicle you drive, and can extend the interlock requirement if you violate any condition.⁵ Driving during a suspension without court-granted privileges is a separate criminal offense.

Costs Beyond the Fine

The fine on your sentencing paperwork is a small part of what a high-tier OVI actually costs.

You will need SR-22 insurance, a high-risk certification your insurer files with the state to confirm you carry at least the minimum required coverage. SR-22 filing is required for a minimum of three years, and courts can require longer. Premiums routinely rise 60% or more after an OVI, and some drivers see rates double or triple. If your carrier drops you, finding a replacement willing to write an SR-22 policy costs significantly more.

Reinstating your license after the suspension requires a $315 fee as of April 2025, which covers only the administrative reinstatement.⁶ Treatment programs, interlock installation and monthly monitoring, and restricted plate fees are separate.

If the court orders continuous alcohol monitoring through an ankle device as part of house arrest or privileges, you pay. Those devices typically run $300 to $360 per month, plus installation fees of $50 to $170. Over a 90-day monitoring period, that alone can add more than $1,000 to the total.

Commercial Drivers and Professional Licenses

If you hold a CDL, any DUI conviction triggers a minimum one-year CDL disqualification under federal regulations, whether you were driving a commercial vehicle or your personal car at the time. A second DUI-related conviction in a separate incident results in a lifetime CDL disqualification, though some drivers may apply for reinstatement after ten years depending on circumstances.⁷ If your income depends on a CDL, a single high-tier OVI can end that career, since many employers will not hire or retain drivers with any OVI on record.

Ohio licensing boards for professions such as nursing, medicine, law, and teaching generally require licensees to self-report criminal convictions within a specified window. A high-tier OVI qualifies, and failing to report can draw harsher discipline than the conviction itself. Board responses range from monitoring or probation to suspension or revocation, particularly when the case involves substance abuse or repeat offenses.

1
Ohio Legislative Service Commission. Ohio Code 4511.19 – Operating Vehicle Under the Influence of Alcohol or Drugs
2
Ohio BMV. Administrative License Suspension – First Offense
3
Ohio Legislative Service Commission. Ohio Code 4503.233 – Immobilization Orders
4
Ohio Legislative Service Commission. Ohio Code 4511.191 – Implied Consent
5
Ohio Legislative Service Commission. Ohio Code 4510.022 – Ignition Interlock Provisions
6
Ohio BMV. Documents and Fees
7
eCFR. 49 CFR 383.51 – Disqualification of Drivers