A Closer Look at OVI in Ohio
By Brian Joslyn
The more commonly know offense of driving under the influence or DUI is known as Operating a Vehicle Under the Influence or OVI in the state of Ohio. According to Ohio Revised Code � 4511.19, operating a vehicle under the influence in Ohio means that an individual was driving or in actual physical possession of a vehicle, while they were at or above the legal limit in Ohio for blood alcohol concentration (BAC).
Many individuals might not know that there are essential elements that must be shown and proved in order for a person to be convicted of an OVI in Ohio.
One important element that must be determined is if the individual was driving a vehicle while intoxicated or that they were in physical control of a vehicle while intoxicated.
Under Ohio law, there are factors that can determine if a person had physical control of a vehicle:
1) The person was in the driver's seat
2) The person was in possession of the ignition key and
3) The person was either under the influence of alcohol or they tested over the legal limit.
Another important factor used to determine if an individual is guilty of an OVI offense is if they had a blood alcohol concentration that was above the legal limit. The legal limit in Ohio is.08 percent, however an individual can still be charged with OVI in Ohio even if they are not impaired or above the legal limit.
What is a Physical Control Offense?
Under Ohio Revised Code � 4511.194, an individual can be charged with Physical Control. This offense is similar to an OVI charge in Ohio in that both offenses involve an individual who is in a vehicle while they are under the influence of alcohol or a controlled substance. A good example to illustrate this statute is if an individual chooses to "sleep it off" in their car after consuming alcohol or drugs instead of driving.
According to this statute, a person only has to have the keys on them or within their reach to be charged with the offense of physical control. Physical control is considered a lesser offense than an OVI even though they are both first degree misdemeanor crimes.
If you find yourself facing an OVI charge in Ohio you should contact an experienced criminal defense attorney who is knowledgeable in Ohio law. Your criminal defense attorney will make every effort to achieve the best possible outcome in your case. They will also guide you through each court appearance from the first to the last and make sure that your needs are always put first.
Brian Joslyn is a Columbus, Ohio criminal defense attorney who has represented numerous clients who have been charge with Operating a Vehicle Under the Influence in Ohio. Mr. Joslyn examines the particulars of each case and strives to find mitigating factors that will provide a solid defense against an OVI allegation. Mr. Joslyn focuses on building trust and keeping the lines of communication open to develop the best client-attorney relationship possible, which can be beneficial to reaching the best possible outcome in each case. To learn more or to schedule a free consultation, please visit our website: Columbus OVI attorney.