Despite the differences in terminology across each state, all OVI or DUI statutes consist of several elements. An individual must have operated or driven a vehicle while under the influence or while impaired. The following is a short summary of each element.
Operation:
The term sounds simple in and of itself. An individual must have operated or driven a vehicle in order to have fulfilled this requirement. The reality is, operation is not a simple concept. Operation does not require actual movement of a vehicle. Ohio law includes a statute for Physical Control. For example, individuals who fall asleep behind the wheel of the vehicle or stop on the side of the road to rest may be charged with the lesser offense of Physical Control. Though not as serious as an OVI or DUI arrest, a conviction for this charge carries the possibility of fines, jail sentences, and driver’s license suspensions.
Vehicle:
Most people understand a car is considered a vehicle. However, Ohio law has expanded the definition of vehicle to include bikes, golf carts, tractors, boats, mopeds, and ATV’s. The law specifically states electronic wheelchairs are not considered vehicles for purposes of OVI law.
Impairment of Intoxication:
The legal limit for Blood Alcohol Concentration (BAC) for people over the age of 21 in Ohio, as with every other state, is .08. Increased penalties take effect for high tier (over .17 in Ohio, over .18 in Kentucky) offenders. Individuals under the age of 21 may be arrested for OVI if they are found to have a Blood Alcohol Concentration greater than .02.
Under the influence in Ohio is defined through court decisions as “Defendant consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the Defendant’s actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed.” Additionally, “if the consumption of alcohol so effected the nervous system, brain, or muscles of the Defendant so as to impair, to an appreciable degree, his ability to operate the vehicle, then the Defendant was under the influence.”
Ohio law states a person does not have to be intoxicated to be considered under the influence. Police Officers, when making an OVI or DUI arrest, must determine if an individual is noticeably or appreciably impaired. There is no legal limit to define if an individual is under the influence. An individual may be arrested for a BAC under .08 if an officer establishes probable cause that the individual is impaired. However, it is against Ohio law to have a BAC over .08, even if the individual is not impaired. A person is considered impaired when an amount of alcohol has been consumed to the extent that an individual is unable to think, react, and drive as they normally would.
A driver’s license is essential to functioning on a daily basis. Do not attempt to represent yourself when such an important privilege is on the line. A skilled OVI or DUI attorney can help protect your rights and fight for you in court. Allow an attorney from The Law Office of Steven R. Adams to defend you.
