“Extreme DUI” is a Legal Distinction. What Does it Mean?

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The legal limit for blood alcohol level (BAC) is .08%. A breath test can reveal this BAC data, if a police officer pulls you over for suspected intoxication.

In April of 2021, a 25-year-old woman in Phoenix, Arizona, took a breathalyzer test and revealed a BAC of .3%. This was nearly four times the legal limit for driving under the influence.

After the DPS trooper found Rachel Beasley’s car – Beasley had pulled over to the side of the road – he spoke with her. Her keys were still in the ignition. She admitted that she was driving home from a friend’s house. Beasley failed the field sobriety test, and was slurring her speech.

Beasley having demonstrated herself to be significantly beyond the legal intoxication limits for operating a motor vehicle, was charged with two counts of “extreme DUI.”

What is “extreme DUI”?

In Ohio, this is called “aggravated OVI,” (for “operating a vehicle under the influence”) and it is reserved for individuals who are far above that .08% legal limit. Courts in Ohio also call this a “high-tiered OVI.”

For the Buckeye State, any repeat OVI offense is an aggravated OVI. If you are a repeat offender or a felony offender, this designation is automatic. If you are a first-time offender, you qualify as a high tier OVI if your BAC is .17% or higher.

High Tier OVI carries harsher penalties. As a first offense, you must serve three days in jail, and attend three days of an intervention program. For a second offense, you would be looking at more than 20 days in jail, or 10 days in jail plus 36 days of house arrest. A third aggravated OVI offense carries either 60 days in jail or 30 days in jail and 110 days of house arrest with alcohol monitoring.

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