OVI Differences and Defenses in Warren, Trumbull County, OH

Understanding OVI in Ohio

Operating a Vehicle while under the Influence (OVI) in Ohio is a serious charge that can occur if you are pulled over for driving under the influence of drugs or alcohol. This charge is similar to what other states might call DUI (Driving Under the Influence). Should you find yourself facing an OVI charge, it’s crucial to seek the expertise of a seasoned Warren OVI lawyer like Sean Logue.

OVI Laws in Ohio

Ohio Revised Code Section 4511.19

The laws regarding drunk driving in Ohio are outlined in the Ohio Revised Code (ORC), Section 4511.19. According to this section, operating a motor vehicle under any of the following conditions is illegal:

• Blood Alcohol Content (BAC) of 0.08 percent or higher
• Being under the influence of drugs, alcohol, or a combination of both

Multiple Ways to Be Charged with OVI

Over the Legal BAC Limit

Most commonly, an OVI charge is associated with having a BAC of 0.08 percent or higher. However, for those holding commercial driver’s licenses, the legal limit is reduced to 0.04 percent when operating a commercial vehicle.

Influence of Drugs and Alcohol

Additionally, you can be charged with OVI if you are under the influence of drugs, alcohol, or a combination, even if your BAC is below the legal limit.

Definition of Drugs of Abuse

In Ohio, drugs of abuse are defined in the ORC, Section 4506.01. These are substances, including dangerous drugs, over-the-counter medications, or controlled substances, that impair reflexes and judgment when consumed in larger-than-normal doses.

Prescription Medications

According to the Ohio Revised Code, Section 4729.01, prescription medications fall under the category of dangerous drugs. If a legally prescribed drug impairs your ability to drive, you can be charged with OVI. The legality of the prescription does not serve as a defense in court.

Responsibility of the Driver

Drivers are responsible for reading the drug fact sheets provided with prescriptions and understanding how these medications may affect their ability to drive. Before getting behind the wheel, ensure you know how your body reacts to any medication.

Defending Against OVI Charges

Being arrested for OVI doesn’t automatically mean you’re guilty. Numerous defenses are available depending on the specifics of your case. An experienced Warren criminal lawyer will guide you through the best defense strategies.

Differences in OVI Terminology

Variations in Terms

OVI might also be referred to as DWI or OMVI in different states. Each state uses varying terms and definitions, although the charges all pertain to drunk driving. For example, Pennsylvania refers to it as OVI, while Ohio calls it OVI. The penalties and the elements a prosecutor must prove can also vary.

OVI Defenses in Ohio

In Ohio, prosecutors must prove several key points beyond a reasonable doubt to secure an OVI conviction:

Operating a Motor Vehicle

The prosecutor must demonstrate that you were operating a vehicle, which can sometimes mean merely having the key in the ignition or the engine running while parked.

Proving Intoxication

Intoxication can be proven through BAC levels or positive drug test results.

Physical or Mental State Evidence

Without a BAC over the limit or a positive drug test, the prosecutor may use video footage from the officer’s chest or dash camera, or the officer’s testimony, to prove intoxication.

Contact Information

If you are facing OVI charges, please call us at (330) 992-3036 for a free consultation. We are available 24/7 to assist you. By understanding the intricacies of OVI laws and the available defenses, you can better protect yourself in the unfortunate event of an OVI charge.