Ohio OVI / DUI

Operating a Vehicle Under the Influence

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In Ohio, OVI stands for operating vehicle under the influence of alcohol or drugs. 

There is no difference between an OVI and what is commonly called a DUI or driving under the influence.

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.08 vs. “under the influence”

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To prove an OVI offense the State must demonstrate not simply that you were driving after drinking but that you were driving while “intoxicated.”

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Someone who blows above the .08 limit means someone is per se intoxicated.  This means that person is automatically considered intoxicated.

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If officers are unable to obtain a breath, blood, or urine sample the State may choose to charge you under a different subsection of the law but must still prove that you were intoxicated. 

Besides chemical tests mentioned above, the most common way intoxication is proved is through field sobriety tests.  Both the manner in which the tests were done and the results of those tests—chemical and field sobriety—can be attacked using various strategies. 

Contact my office today to see what is best for your case.

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OVI vs. Physical control:

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Prior to 2004, a person found in the front seat of a parked vehicle with the keys in the ignition could be charged with OVI.  Ohio courts had found that being in possession of your keys, while in the car, and intoxicated was enough evidence to be found guilty of OVI.

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In 2004, the Ohio legislature passed a new law known as “physical control.”  This offense occurs when someone is found behind the wheel, while intoxicated, but no evidence of driving exists.  Sitting in the car while drunk and listening to the radio is an example of physical control.

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First time offenders:

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People charged with OVI for the first time face certain mandatory penalties.  These include: mandatory 3 days in jail or successful completion of a Driving Intervention Program; up to $1,075 fine; 1 year license suspension with driving privileges available after 15 days.

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Contact my office so that we can find what is important to you and ensure we can tailor a remedy that fits your needs!

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Heightened Penalties and multiple offenses:

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Providing a “high test” (.17 breath), refusing a chemical test after an officer has found probable cause of OVI, and having previous OVI convictions all provide for heightened penalties.

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The statute that deals with these issues is complicated and each scenario has different penalties including mandatory jail time, additional license suspensions, and potential vehicle forfeiture.

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License Suspension:

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1. Administrative  license suspension

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An Administrative License Suspension (ALS) is done at the time of arrest.  Once an officer arrests someone for an OVI they have the authority to immediately take and suspend your license.  An ALS lasts one year and is a separate suspension then any penalty you might receive as part of sentencing.

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An officer may also issue an ALS if they have probable cause of OVI and a driver refuses to provide a breath, blood, or urine sample.

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There are only limited reasons you may attack an ALS.  As part of your case, we may decide to attack the ALS, negotiate a set aside of the ALS, or seek driving privileges. 

What strategy is best for you depends on the facts of your case and your needs.  Contact my office to discuss your options.

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     2. Court ordered suspension

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As part of sentencing a court will often suspend your license for a certain period.  Depending on the final charges you are convicted of it may be possible to negotiate certain terms of a court ordered suspension.

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    3.  Driving privileges

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Despite your license being suspended many times you can receive driving privileges.  Depending on the court, this will allow you to drive to work, school, church, medical appointments, or other important tasks.

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There are certain “hard time” requirements associated with many license suspensions.  Call me today to help you navigate any license suspension or driving privileges.

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Field Sobriety Tests:

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A common method for proving intoxication is the standardized field sobriety test.  These tests include the Horizontal Gaze Nystagmus (HGN) test, Walk and Turn (WAT), and One Leg Stand (OLS). 

The National Highway Transportation Safety Administration has certain guidelines about how these tests should be conducted. 

If officers fail to conduct these tests in “substantial compliance” with the NHTSA standards the results of these tests can be suppressed, meaning they are inadmissible in a case. 

Suppression can be devastating to the State's case against you.  My office is experienced and successful in challenging these tests.  Call today to see how we can help.