Ohio DUI / OVI LAW
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Ohio drunk driving cases are referred to as Ohio OVI (operating a vehicle while intoxicated), Ohio DUI (driving under the influence of alcohol), or Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate to the same offense, found in the Ohio Revised Code.
Ohio drunk driving (OVI) arrests trigger two separate cases: the court case, where penalties include jail time, fines, mandatory classes, and more; and the Ohio Bureau of Motor Vehicles case, where the arrestee's driving privileges are at stake.
Ohio's License Suspension Procedures are tough; it is vital that you contact a DUI or OVI defense attorney if you have been arrested for drunk driving.
URGENT: If you, or someone you care about, have been charged with any type of Ohio drunk driving offence, whether it is OMVI, DUI, OVI, or any other type of drinking and driving case, the law limits the amount of time you have to contest the automatic suspension of your driver's license. Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem; contact an Ohio DUI LAWS lawyer near you for a free consultation by calling 1.800.DUI.LAWS.
Ohio DUI / OVI law makes it a crime for any person to operate a motor vehicle while having any amount of alcohol or drugs or combination of the drugs and alcohol that impairs their physical or mental abilities to an appreciable degree. This offense does not require proof of any specific amount of alcohol in your system; therefore, you don't have to take the blood, breath, or urine test to be convicted of this offense.
Ohio drunk driving (DUI) and OVI laws also makes it illegal to operate a motor vehicle with a specific level of alcohol in your system: .08% as determined by blood, breath, or urine testing. These are called per se offenses, and they have nothing to do with alcohol interfering with the driver's physical or mental abilities. They are based purely on body chemistry.
In order to be convicted of a drunk driving (DUI) offense in Ohio, the defendant's guilt must be proven beyond a reasonable doubt. This means that the prosecutor has the burden of proving each element of the crime to the exclusion of every reasonable doubt, and in the case of a reasonable doubt as to any element, the accused is entitled to a verdict of not guilty.
What are the elements of Ohio DUI / OVI cases? Each aspect of an Ohio OMVI case must be analyzed to determine if the prosecutor can meet his or her burden. This will depend on the type of evidence the prosecutor can introduce on each of the following points:
"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in Ohio. Many cases in Ohio have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver's seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense where normal DUI / OVI penalties and punishments apply.
"Vehicle" is also broader than the limited application to a car. It includes a motorcycle or bicycle or any device that is moved by power other than human power. Courts have determined that a mounted bicycle, golf cart, tractor, riding lawnmower and other devices are included in the definition of "vehicle". Obviously motorized wheelchairs are excluded. It should be noted here that there are separate code sections for the operation or physical control of watercraft under the influence and it has its own set of definitions.
"Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence.
"Appreciable" means noticeable or perceptible. According the National Highway Traffic Safety Administration, driving while "buzzed" is still considered drunk driving.
PUNISHMENT IN OHIO DUI/OMVI/OVI CASES
The sanctions and penalties for each offense depend upon the prior criminal record, traffic record, prior DUI / OVI convictions, level of alcohol, and specific facts of the individual case. That's why it is so important to contact a lawyer that concentrates on defending DUI, OMVI, or OVI cases.
Note: At the higher levels of concentration of alcohol, the penalty will double in jail time and other increased sanctions. Also, each time one has been convicted of this or a similar offense in the past it will increase the penalties for the current offense. If you are a minor (under age 21) the penalties are different than for an adult. They also include jail as a sanction and such conviction will count as a prior conviction in any future DUI / OVI cases to enhance the penalty.
Punishment for a Ohio DUI / OVI conviction will include jail time, fines, suspension of driving privileges, possible impounding of license plates, immobilization of forfeiture of the vehicle, or even seizure of the vehicle. Because of the severity of these charges, consulting Ohio DUI / OVI defense attorney is critical. View detailed information regarding punishment in Ohio DUI, OMVI and OVI cases.
1-800 GRAB DUI AND *DUI REPORTING PROGRAMS
Information about habitual offenders and drinking drivers who pose a threat to highway safety is continually sought from the public. In 1991, a toll-free hot line (1-800-GRAB DUI) to receive calls from anywhere in the state was instituted. In August 1993, the cellular *DUI system was introduced as a way for motorists to report alcohol impaired drivers, as well as roadside emergencies. Through the combination of both numbers, citizens are encouraged to call to report drunk drivers, as well as drivers who continue to operate a motor vehicle in spite of convictions and license suspensions for impaired driving.
The phone lines are being publicized in media releases, through the display of license plates and bumper stickers on patrol cars, and via the distribution of flyers and telephone stickers to the public. The Ohio Department of Transportation and the Department of Public Safety combined their resources to place highway signs near interstate rest areas; stating "Report Drunk Drivers 1-800-GRAB DUI/ Cellular Dial *DUI Free Air Time". The Patrol plans to continue to use public service announcements, flyers, and phone stickers in mass mailings from cellular telephone companies to their clients, all of which are expected to promote further use of the hot line.
EXPUNGEMENT IN OHIO
Expungement of criminal convictions refers to a legal process by which a person's criminal record is altered in a favorable manner. The type of expungement that is appropriate to a given criminal case will vary, depending upon many factors.
Ohio law prohibits a person from expunging a DUI conviction from his or her criminal record. In fact, a DUI or OVI conviction also prevents any other convictions from ever being expunged from a person's criminal record. It is vital to contact a qualified Ohio drunk driving defense attorney if you have been arrested for DUI or OVI.