According to recent studies, 13,729 arrests for Ohio OVI charges in 2018. Many Columbus residents are unaware that they can be charged with multiple offenses if they drive under the influence. In Ohio, there are generally two different charges associated with driving while intoxicated. OVI ‘impaired’ and OVI ‘per se’ are two types of OVI. Prosecutors in Ohio decided to abandon the DUI term in 1982, instead of introducing OVI as the new driving under the influence offense.
Even though DUI and OVI refer to the same behavior, the OVI law has nuances, particularly in how the prosecutor can prove that the driver was truly driving under the influence. This is why it is critical to retain legal counsel if you have been charged with an OVI in Ohio or any other charge related to driving while intoxicated.
DUI Charges in Columbus
A charge of driving under the influence is commonly referred to as a DUI in the United States. These charges are classified as OVI (operating a vehicle while under the influence of alcohol or drugs) in the state of Ohio. According to state law, no one may operate a vehicle, trackless trolley, or streetcar while under the influence of drugs, alcohol, or both. The law also specifies the conditions under which a person can be charged with an OVI, such as the amount of alcohol in their system. Blood, urine, or breath tests can be used to determine the blood-alcohol level. The number of drugs in a person’s system can be determined using urine, blood, or even hair.
Ohio OVUAC
OVI is used as a catch-all term for the various types of OVI offenses. The two most important ones to be aware of are:
OVI ‘Impaired’
The term “Under the Influence” has a different meaning in Columbus and the rest of Ohio than it does in the rest of the United States. To charge someone with OVI ‘Impaired,’ it must be proven that the drugs and/or alcohol in their system are visibly or noticeably impairing the driver’s ability to operate a vehicle. This means that the driver’s mental processes, reactions, or actions while driving the vehicle are visibly hampered.
To prove the driver was under the influence in court, the prosecution will attempt to demonstrate that the driver’s brain processes, nervous system, or muscles were unable to function properly. The prosecution will also rely on the officers’ testimonies, body camera footage, and any other evidence they can gather. If a field sobriety test was administered, the results will be used as evidence in the case. Field sobriety tests are designed to give officers an idea of the driver’s blood alcohol content, but they can be used in court to prove that the driver was impaired if any part of the test is failed.
They may also use your blood alcohol level to prove the driver is intoxicated. The legal limit for alcohol in the system in the state of Ohio is.08.
OVI ‘Per Se’
OVI ‘Per Se’ – In the state of Ohio, it is illegal to operate a vehicle with a blood alcohol content.08 percent or higher. There is also a.17 percent high-test prohibited concentration. When testing for drugs, each drug has a different allowance based on the drug in question.
In OVI ‘Per Se’ cases, an individual can be arrested and charged with an OVI even if they show no signs of impairment, as long as they are over the legal limit.
The prosecution can use the driver’s blood, urine, or breath tests to prove the driver was legally over the limit when charged with an OVI ‘Per Se.’ These tests must be conducted by Ohio Health Department regulations to be admissible in court. The results of the tests are not admissible in court if the driver is coerced or not given a choice of whether or not to be tested. Furthermore, if the Ohio Department of Health regulations is not strictly followed, the results of the alcohol or drug content test may not be admissible in court. Even if the test is admissible, it is only circumstantial evidence, and its accuracy can be challenged in court.
OVI “Test Refusal With Prior Conviction”
This OVI offense applies to drivers who have a prior OVI conviction within the last 20 years and refuse to submit to a blood, urine, or breath test to determine blood alcohol content.
OVI Felony
If the driver has three prior OVI convictions in the last ten years or five in their entire life, they will be charged with a felony involving OVI.
OVUAC
This is an abbreviation for Operating Vehicle after Under-Age Consumption. When it comes to underage drinkers, there is no limit to this offense. Anyone under the age of 21 with a blood alcohol content of.02 percent to.079 percent will be charged with an OVUAC.
Multiple OVI Charges in Ohio
It is critical to understand that a driver can face multiple OVI charges. If a driver is arrested for OVI and submits a blood, urine, or breath test that reveals they are over the legal limit, they will almost certainly be charged with OVI ‘Impaired’ and OVI ‘Per Se.’ This is completely legal under Ohio State Law and gives the prosecution several options for proving the driver was under the influence while operating the vehicle. It is also important to understand that even if the driver is charged with two OVI offenses, they can only be convicted of one offense stemming from the same incident.
Penalties for OVI
The penalties for being convicted of an OVI offense vary depending on how many times the driver has been convicted of the same offense in the past. The following is a breakdown of the OVI penalties:
- First Offense – First-time OVI offenses are classified as a fourth-degree misdemeanor. It is up to the court’s discretion to decide whether to impose a jail term of up to 6 months, or request a fine of up to $1,075, and a suspended license for up to three years.
- Second Offense – A second OVI offense carries a mandatory jail sentence of 10 days to 6 months, as well as a fine of up to $1,625 in fines. Their license may also be suspended for a period of up to seven years.
- Third Offense – A third OVI offense will result in a mandatory jail sentence of 30 days to one year, as well as a fine of up to $2,750. The license may be revoked for a period of up to 12 years.
The penalties imposed for any OVI conviction are at the discretion of the judge. They may also demand that the defendant complete substance abuse treatment and submit to weekly drug and alcohol testing. Second-time OVI offenders must complete a substance abuse assessment, and third-time OVI offenders must complete treatment.
Columbus OVI DUI Lawyers Can Assist
OVI charges are serious, especially when jail time is a direct result of a conviction. To assist you with your case, contact an experienced criminal defense lawyer dedicated to fighting OVI charges in Ohio. To protect your rights and liberties, your lawyer will be well-versed in the legal system.
Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced attorney to learn about current laws and how they can affect their case.
