DID YOU KNOW?
First Ohio OVI Drunk Driving Conviction  Jail 3 Days Minimum up to 6 Months or,
Driver Intervention Program  For 3 Days  Jail 6 Days 
Second Ohio OVI  Drunk Driving Conviction  Jail 10 Days Minimum and,   Electronic Home Monitoring  From 18 Days to 6 Months
jail 20 Days
Third Ohio OVI Drunk Driving Conviction  Jail 30 Days to 1 Year or, Jail15 Days and Electronic Home Monitoring from 55 days to 1 Year
Jail 60 Days
A Closer Look at OVI in Ohio

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.

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The penalty for a first OVI offense in Ohio is usually a misdemeanor of a first degree, which can be punishable by jail time, a fine, driver's license suspension, a Driver's Intervention Program or an ignition interlock device.

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.

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