Being charged with a DUI (called OVI in Ohio) is always serious. Still, a high BAC DUI, defined as a blood alcohol concentration (BAC) of 0.17% or higher, carries significantly harsher penalties. If you’re facing this charge in Cincinnati, it’s critical to understand what’s at stake and how to respond strategically to protect your freedom, license, and future.
At Luftman, Heck & Associates, our experienced Cincinnati DUI lawyers understand how to fight high-test DUI charges and minimize the damage. Call LHA immediately at (513) 338-1890 for a free consultation with Brad Groene, a highly skilled and experienced Cincinnati OVI defense attorney.
What Does High BAC Mean in Ohio?
Under Ohio Revised Code § 4511.19, you can be charged with OVI if your BAC is 0.08% or higher. However, a BAC of 0.17% or above is considered a “high test” OVI, which automatically triggers enhanced penalties — even for first-time offenders.
This elevated classification assumes severe impairment and poses a greater public safety threat, meaning judges and prosecutors take these cases very seriously.
What to Do Immediately After a High BAC DUI Arrest
- Do Not Admit Fault or Explain to Police – Anything you say can be used against you. Politely decline to answer questions and request a lawyer.
- Avoid Posting on Social Media – Prosecutors may use your social media posts to argue intent, recklessness, or lack of remorse.
- Hire a Cincinnati OVI Defense Lawyer Immediately – The sooner an attorney gets involved, the more time they have to investigate the arrest, challenge the BAC results, and build a strong defense.
What Are the Penalties for a High BAC DUI in Ohio?
Even a first-time high BAC OVI in Ohio includes mandatory penalties:
- Jail time: At least 6 consecutive days (or 3 days jail + 3-day Driver Intervention Program)
- Fines: Up to $1,075
- License suspension: From 6 months to 3 years
- Ignition Interlock Device (IID) installation
- Mandatory yellow license plates
- SCRAM alcohol-monitoring bracelet
Repeat OVIs in Ohio
- Second Offense: Minimum 10 days in jail
- Third Offense: Minimum 30 days in jail, vehicle immobilization
- Felony OVI: Prison terms up to 5 years and fines as high as $10,500.
Can I Avoid Jail for a High BAC DUI?
While jail is mandatory under Ohio law, an experienced DUI lawyer may be able to:
- Challenge the traffic stop or arrest procedure
- Suppress faulty or improperly obtained chemical test results
- Negotiate for a reduced charge (e.g., from high BAC to standard OVI)
- Advocate for alternatives such as alcohol treatment programs, SCRAM monitoring, or limited driving privileges.
Every case is different, and an attorney’s early involvement is essential to securing a better outcome.
How a Cincinnati OVI Lawyer Can Help
No OVI can be shrugged off — especially if you test with a BAC above .17. You need to do everything you can to fight or reduce these charges. Do not talk to law enforcement without an attorney present to represent your best interests.
In order to give your case — and yourself — the best chance at the optimal outcome, contact Cincinnati OVI lawyer Brad Groene at Luftman, Heck, & Associates for a free consultation on your case. Attorney Groene has considerable OVI experience and a long history of getting positive outcomes in high BAC cases, even when clients were double or triple the legal limit.
At LHA our DUI lawyers will:
- Review the legality of the stop and arrest
- Analyze BAC test procedures and timelines
- Identify violations of your constitutional rights
- Negotiate with prosecutors to reduce charges or penalties
- Represent you in court if your case goes to trial
FAQs About High BAC OVI Charges in Ohio
What BAC level qualifies as “high test” in Ohio?
Any BAC reading 0.17% or higher is considered a high-test DUI, triggering enhanced penalties.
Can I still get driving privileges after a high BAC DUI?
Yes, in some cases. If eligible, your lawyer can petition the court for limited driving privileges with conditions such as IID installation.
What happens if I refuse a breath or chemical test in a high BAC case?
Refusal leads to an automatic license suspension under Ohio’s implied consent laws, and may not prevent you from being charged based on other evidence.
Is a high BAC DUI a felony in Ohio?
Not automatically. However, repeat offenses or aggravating factors (like a child in the car) can escalate a high BAC DUI to a felony OVI.
Get Help from a Cincinnati DUI Lawyer Today
Being charged with a high BAC DUI in Cincinnati can derail your life, but it doesn’t have to. With the proper legal defense, reducing or dismissing the charges may be possible. Don’t wait to act. LHA is available 24/7 at (513) 338-1890 to help you protect your rights when facing arrest or criminal charges.
