OVI Differences and Defenses in Youngstown

In Ohio, being pulled over for drunk driving leads to a charge known as Operating a Vehicle while under the Influence of drugs or alcohol. This offense, commonly referred to as OVI, is essentially the same as a DUI (Driving Under the Influence), simply under a different legal title. If you find yourself arrested for an OVI, securing the help of a qualified legal professional is essential. The Youngstown Criminal Law Group is prepared to assist you during this challenging time.

OVI Laws in Ohio

The laws governing drunk driving in Ohio are outlined in the Ohio Revised Code (ORC), specifically Section 4511.19. These statutes declare that operating a motor vehicle in Ohio is illegal under the following conditions:

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

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

Most people associate an OVI charge with being over the legal alcohol limit of 0.08 percent. However, for those holding commercial driver’s licenses, this threshold is stricter, lowered to 0.04 percent while operating a commercial vehicle. It is crucial to understand that even if your alcohol level is below the legal limit, you can still face charges if you are found to be impaired by drugs, alcohol, or a mix of substances. A Youngstown criminal lawyer can explain how these nuances apply to your specific situation.

In Ohio, “drugs of abuse” are defined under ORC Section 4506.01. This broad definition includes any dangerous drug, over-the-counter medication, or controlled substance capable of impairing a person’s judgment and reflexes when taken in higher-than-normal doses.

Furthermore, the Ohio Revised Code classifies dangerous drugs in Section 4729.01, a category that includes prescription medications. If you consume a drug that was legally prescribed to you and purchased from a pharmacy, but it impairs your ability to drive, you can still be charged with and convicted of Operating a Vehicle while under the Influence. The courts generally do not accept the legality of the prescription as a valid defense against impairment charges.

You are responsible for reviewing the drug fact sheets provided with every prescription. It is your duty to know the potential side effects and how they might impact your driving. Additionally, you must be certain of how your body reacts to the medication before getting behind the wheel. If you are unsure about your rights in this situation, consulting a Youngstown DUI attorney is highly recommended.

It is important to remember that being arrested for an OVI does not automatically mean you are guilty. Depending on the specifics of the charges, numerous defenses may be available. A skilled legal team of Youngstown DUI attorneys will be familiar with these strategies and can guide you toward the best possible outcome for your case.

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

In various jurisdictions, OVI might be referred to as DWI or OMVI. While each state uses different terminology, and definitions may vary slightly, the core offense remains similar. For instance, in Pennsylvania, drunk driving is often called DUI, whereas here in Ohio, it is termed OVI. Although there may be minor differences in conviction penalties and what a prosecutor must prove, these charges all fundamentally relate to drunk driving. A knowledgeable Youngstown criminal lawyer can help clarify these distinctions if you have cross-state concerns.

OVI Defenses

In Ohio, a prosecutor is required to prove specific elements beyond a reasonable doubt to secure an OVI conviction. These key elements include:

• Operation of the Vehicle: The prosecutor must demonstrate that you were operating the motor vehicle. This does not necessarily mean driving it; simply having the key in the ignition or the engine running while parked can sometimes be sufficient evidence of operation.
• Intoxication: The prosecutor needs to prove actual intoxication. This is typically done using your Blood Alcohol Content (BAC) results or a positive test for drugs of abuse.
• Physical or Mental State: Even without a BAC over the limit or a positive drug test, the prosecutor might attempt to prove intoxication based on your physical or mental state. Evidence often includes testimony from the arresting officer or footage from their dash or body camera.

If you are currently facing OVI charges, do not hesitate to reach out to the Youngstown Criminal Law Group. Call us at 412.387.6901 for a free consultation with a dedicated Youngstown DUI attorney. Our team is available 24/7 to take your call and begin building your defense.