DUI Differences and Defenses in New Castle

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 (OVI). This offense is essentially the same as what is commonly called a DUI (Driving Under the Influence), just with a different legal name. If you find yourself arrested for an OVI, it is crucial to seek the help of a qualified legal professional who understands the local laws and defenses.

OVI Laws in Ohio

The laws regarding drunk driving in Ohio are outlined in Section 4511.19 of the Ohio Revised Code (ORC). According to this section, you are operating a motor vehicle illegally if you do so under any of the following circumstances:

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

Engaging an experienced New Castle criminal lawyer can be vital in navigating these complex statutes.

Multiple Ways to Be Charged With OVI

There are several scenarios under which you can be charged with an OVI. The most common is having a BAC at or above the legal limit of 0.08 percent. However, this limit is lower for certain drivers. For individuals holding a commercial driver’s license, the legal limit is reduced to 0.04 percent when they are operating their commercial vehicle.

Alternatively, you can be charged even if your BAC is below the legal limit. This can happen if you are found to be under the influence of drugs, alcohol, or a mix of substances that impairs your ability to drive safely. A knowledgeable New Castle DUI lawyer from Youngstown Criminal Law Group can help build a defense against such charges.

Understanding “Drugs of Abuse” in Ohio

The term “drugs of abuse” is specifically defined in Section 4506.01 of the ORC. This definition includes any controlled substance, over-the-counter medication, or dangerous drug that can impair a person’s judgment and reflexes, particularly when taken in doses higher than normally recommended.

Prescription Medications and OVI Charges

Section 4729.01 of the Ohio Revised Code defines “dangerous drugs,” a category that includes prescription medications. If you take a legally prescribed drug, purchased from a pharmacy, and it impairs your driving ability, you can still be charged and convicted of OVI. The courts do not consider the legality of the prescription as a valid defense. It is your responsibility to read the information provided with your medication and understand its potential effects before driving. A skilled New Castle criminal lawyer can examine the specifics of your case involving prescription drugs.

An arrest for OVI does not automatically mean you are guilty. There are many potential defenses, depending on the specific details of your case. A well-trained and experienced New Castle DUI lawyer will be familiar with these defenses and can guide you through the legal process to achieve the best possible outcome for your situation.

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

While the charge in Ohio is OVI, you might hear terms like DWI and OMVI used in other places. Every state has its own terminology and slightly different definitions. For instance, Pennsylvania uses the term DUI for drunk driving. Here in Ohio, the official term is OVI. Although there are minor variations in the penalties for a conviction and what a prosecutor needs to prove, all these charges fundamentally relate to the act of drunk driving. A proficient New Castle criminal lawyer understands these nuances.

OVI Defenses

To secure an OVI conviction in Ohio, a prosecutor must prove certain elements beyond a reasonable doubt. These include:

• Operation of a Vehicle: The prosecutor must establish that you were “operating” a motor vehicle. This is broader than simply “driving” and can sometimes include having the key in the ignition or the engine running while the vehicle is parked.
• Proof of Intoxication: The prosecution will use your Blood Alcohol Content (BAC) results or a positive test for drugs of abuse to prove you were intoxicated.
• Demonstrated Impairment: If a BAC or drug test result is not available or over the limit, the prosecutor might try to prove your physical or mental state showed impairment. Evidence could include testimony from the arresting officer or footage from their dash or chest camera.

If you are facing OVI charges, call us at (330) 992-3036 for a free consultation. Someone is available 24/7 to take your call.