Is drinking and driving illegal in Ohio?
Drinking and driving is not necessarily illegal in Ohio. It is illegal to have an open container in your vehicle, so it is illegal to drink while you are driving. It is also illegal to operate a vehicle under the influence. Many of you have heard that it is illegal to have a blood alcohol level of .08. This is considered per se under the influence. This does not mean that you cannot be charged if you have a blood alcohol level below .08; the statute allows you to be charged if you are operating a vehicle under the influence of drugs or alcohol. It is easier to defend a charge if the blood alcohol content is less than .08. It is an elevated DUI if your BAC is over .17. This means that you are subject to increased penalties. Please refer to the DUI chart on our website for an estimate of what your BAC is based on weight and alcohol consumption.