High End DUI / OVI or Super OVI – Based on Blood Alcohol Level
Interviewer: You said a high end DUI is a blood alcohol level of above .169. Is that right?
Dale: Yes. .170 and above.
Dale: This is what the judges were taught at the judicial college. If a person has registered at .170 and is still even somewhat able to operate a motor vehicle, it indicates that they have built up a tolerance to alcohol.
This is because the average human being, if they were at .17 couldn’t even get the keys into the car, much less drive. So these people are considered alcoholics. That’s what the judges have been taught. I don’t think it’s true. The machines are not accurate measuring devices.
This is especially true for the new machine they have in Ohio, the Intoxilizer 8000.But the judges presume that the person that is over .169, .170 or above, has a drinking problem and something has to be done. As a result, the penalties become more severe.