For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. When a person is driving while intoxicated or under the influence of alcohol or drugs in Ohio, they can be arrested for operating a vehicle impaired (OVI).The arresting officer will complete a Form 600, Notification of Rights for each. The maximum firstoffense DUI Ohio penalty can include: 1. Further, Ohio law has made it a criminal offense to refuse to submit to testing once you have been arrested for OVI. Arrested for OVI in Ohio? If a person refuses to take or complete the Standard Field Sobriety tests and the officer's observation warrant, inform him that he will be arrested. It is illegal to operate a motor vehicle with a BAC of . 08 or above in Ohio, and OVI is charged as a traffic violation. DUI Arrests in Ohio.