OVI Differences and Defenses in Jefferson

In Ohio, being stopped for drunk driving leads to a charge of Operating a Vehicle while under the Influence of drugs or alcohol. Commonly shortened to OVI, this offense is essentially the same crime as DUI (Driving under the Influence of drugs or alcohol)—it simply goes by a different name. If you’ve been arrested for OVI, you’ll want a skilled attorney from the Youngstown Criminal Law Group standing in your corner.

OVI Laws in Ohio

Ohio’s drunk driving laws appear in the Ohio Revised Code (often called the ORC) under Section 4511.19. According to these rules, you are operating a motor vehicle illegally in Ohio if you do so under any of the following conditions:

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

If you’re searching for a Jefferson Ohio OVI attorney, understanding these basic rules is the first step toward building a strong defense.

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

The most familiar way to face an OVI charge is by exceeding the legal limit of 0.08 percent alcohol. For people who hold a commercial driver’s license, that threshold drops to 0.04 percent whenever they’re operating their commercial vehicle.

But you can also be charged even when you’re below the legal alcohol limit—provided you’re under the influence of drugs, alcohol, or some combination of the two.

In Ohio, drugs of abuse are defined in the ORC under Section 4506.01. The law describes 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 higher-than-normal doses. A knowledgeable Jefferson Ohio criminal lawyer can help you understand exactly how these definitions apply to your situation.

The Ohio Revised Code defines dangerous drugs in Section 4729.01, and that section includes prescription medications. Here’s something many people don’t realize: if you take a drug that was legally prescribed to you and legally purchased from the pharmacy, and it ends up impairing you, you can still be charged with and convicted of Operating a Vehicle while under the Influence. The courts won’t accept the fact that your prescription was legal as a valid defense.

You’re responsible for reading the drug facts sheets that accompany every prescription and for knowing how those medications might affect your driving. You’re also responsible for being sure of how you react to a drug before you get behind the wheel. This is where an experienced Jefferson Ohio OVI attorney becomes invaluable.

Keep in mind that being arrested for OVI does not make you guilty. Plenty of defenses exist, and which ones apply depends on the specific charges you face. A well-trained, seasoned lawyer will know these defenses inside and out and can guide you toward the best path for you and your case.

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

Depending on where you are, OVI may also be referred to as DWI or OMVI. Every state uses its own term, and the definitions can differ slightly from place to place. In Pennsylvania, for instance, drunk driving is called DUI, while here in Ohio it’s known as OVI. There are also small differences in the penalties tied to a 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. A trusted Jefferson Ohio criminal lawyer can explain how these distinctions might matter for your case.

OVI Defenses

In Ohio, a prosecutor has to prove certain elements beyond a reasonable doubt before a person can be convicted of OVI. Those elements are outlined below:

• The prosecutor must prove you were operating a motor vehicle. This isn’t quite the same as driving it. In some cases, simply having the key in the ignition or the engine running while the car sits parked can be enough.
• The prosecutor must prove you were genuinely intoxicated. To do this, they’ll point to your Blood Alcohol Content or a positive result from a test for drugs of abuse.
• The prosecutor might also try to show that your physical or mental condition revealed your intoxication, even without a BAC over the limit or a positive drug test. In that scenario, they’ll rely on footage from the officer’s chest or dash camera, or on the officer’s own testimony.

A capable Jefferson Ohio OVI attorney knows how to challenge each of these elements and can often find weaknesses in the prosecution’s case.

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