OVI Differences and Defenses in Warren

In Ohio, being stopped for driving while impaired leads to a charge of Operating a Vehicle while under the Influence of drugs or alcohol. More commonly known as OVI, this offense is identical to a DUI (Driving under the Influence of drugs or alcohol)—it simply carries a different name. If you’ve been arrested for OVI, you’ll want a skilled attorney like Sean Logue from the Youngstown Criminal Law Group on your side.

OVI Laws in Ohio

Ohio’s drunk driving laws can be found in the Ohio Revised Code (often shortened to ORC), Section 4511.19. According to this section, you are breaking the law if you operate a motor vehicle in Ohio under any of these conditions:

• You have a Blood Alcohol Content of 0.08 percent or higher
• You are under the influence of drugs, alcohol, or any mix of the two

A knowledgeable Warren OVI attorney can walk you through exactly how these laws apply to your situation.

There Is More Than One Way You Can Be Charged With OVI

The most familiar way to be charged is by exceeding the legal limit of 0.08 percent alcohol. For people who hold commercial driver’s licenses, this threshold drops to 0.04 percent while they’re driving their commercial vehicle.

Alternatively, you can be below the legal alcohol limit yet still under the influence of drugs, alcohol, or a combination of drugs and alcohol.

In Ohio, drugs of abuse are spelled out in the ORC under Section 4506.01. The code defines a drug of abuse as any dangerous drug, over-the-counter medication, or controlled substance that can impair a person’s reflexes and judgment when taken in larger-than-normal amounts.

Dangerous drugs are defined separately in Section 4729.01 of the Ohio Revised Code, and prescription medications fall under this category. Even if you take a drug that was legally prescribed and legally purchased from the pharmacy, you can still be charged with and convicted of Operating a Vehicle while under the Influence if it impairs you. The courts will not accept “but it was a legal prescription” as a valid defense, which is why having a dependable Warren criminal lawyer matters so much.

You are responsible for reading the drug facts sheets included with every prescription and understanding what could happen if you take them and then drive. It’s also on you to be sure of how the medication affects you before you get behind the wheel.

Keep in mind that being arrested for OVI doesn’t automatically make you guilty. Plenty of defenses exist, depending on the specifics of your charges. A well-trained, experienced Warren OVI attorney will know these defenses inside out and can steer you toward the best possible path for you and your case.

Are There Differences Between an OVI Charge and a DUI Charge?

OVI is sometimes called DWI or OMVI, depending on where you are. Every state uses its own term, and the exact definitions differ slightly from place to place. For instance, in Pennsylvania, drunk driving is referred to as DUI. Here in Ohio, it goes by OVI. There are also small differences in the penalties handed down upon conviction and in what a prosecutor is required to prove. At the end of the day, though, all of these charges come down to the same thing: drunk driving. An experienced Warren criminal lawyer can clarify how Ohio’s specific rules affect your case.

OVI Defenses

In Ohio, a prosecutor must establish certain facts beyond a reasonable doubt before a person can be convicted of OVI. Those facts are outlined below:

• The prosecutor has to prove you were operating a motor vehicle. Operating isn’t quite the same as driving—sometimes simply having the key in the ignition or the engine running while the car sits parked is enough to qualify.
• The prosecutor has to prove you were genuinely intoxicated. To do this, they’ll rely on your Blood Alcohol Content or a positive result from a test for drugs of abuse.
• The prosecutor may attempt to show that your physical or mental condition revealed your intoxication, even without a BAC over the limit or a positive drugs of abuse test. Here, they’ll use footage from the officer’s chest or dash camera, or rely on the officer’s own testimony.

A seasoned Warren OVI attorney understands how to challenge each of these points and protect your rights throughout the process.

If you’re facing OVI charges, call us at (330) 791-8104 for a free consultation. Someone from our team is available 24/7 to take your call.