OVI Differences and Defenses in Steubenville
Operating a vehicle while under the influence of drugs or alcohol, also known as OVI, is a serious charge in Ohio. If caught driving drunk, seeking assistance from a reputable Steubenville OH OVI Lawyer, such as Sean Logue, becomes imperative.
OVI Laws in Ohio
In Ohio, the drunk driving laws are clearly outlined in the Ohio Revised Code (ORC), Section 4511.19. These laws specify the following conditions as illegal:
- Having a Blood Alcohol Content (BAC) of 0.08 percent or higher.
- Being under the influence of drugs, alcohol, or a combination thereof.
There Is More Than One Way You Can Be Charged With OVI
It’s important to note that there are multiple ways one can be charged with OVI. Exceeding the commonly associated legal alcohol limit of 0.08 percent is one way. However, commercial driver’s license holders have a lower limit of 0.04 percent when driving their commercial vehicles.
Alternatively, individuals can also be charged with OVI if they are below the legal alcohol limit but are under the influence of drugs, alcohol, or both.
In Ohio, drugs of abuse are defined under section 4506.01 of the ORC. This includes dangerous drugs, over-the-counter medication, or controlled substances that can impair a person’s reflexes and judgment when consumed in doses higher than normal.
It’s worth noting that legally prescribed and purchased drugs do not serve as a defense if they impair a person while operating a vehicle. It is the driver’s responsibility to read the drug fact sheets that accompany prescriptions and understand the potential effects before driving.
Being arrested for OVI does not automatically mean guilt, as various defenses exist depending on the charges. A well-trained and experienced Steubenville OH Criminal Lawyer or Steubenville OH OVI Lawyer can navigate these defenses and guide individuals towards the best course of action for their case.
Are There Differences Between a OVI Charge and an OVI Charge?
When it comes to drunk driving offenses, there are distinctions between an OVI charge and a DWI or OMVI charge, with states using varying terms and definitions. In Pennsylvania, it’s referred to as OVI, while here in Ohio, it goes by the same name. While there may be slight variations in penalties and elements that a prosecutor must prove, all these charges boil down to one fundamental offense: drunk driving.
If you find yourself facing OVI charges, it’s crucial to know the defenses that can potentially help you. In Ohio, the prosecutor must establish several crucial elements beyond a reasonable doubt in order to secure an OVI conviction. These elements include:
- Operation of a motor vehicle: It’s important to note that operating a vehicle isn’t limited to driving alone. Sometimes, even having the key in the ignition or the engine running while the car is parked can be sufficient.
- Intoxication: The prosecutor usually relies on evidence such as your Blood Alcohol Content (BAC) or a positive result from a drug test to demonstrate your level of intoxication.
- Demonstrating intoxication through physical or mental state: In certain cases, the prosecutor may try to establish your state of intoxication without relying solely on BAC or drug test results. They can use footage from the police officer’s chest or dash camera, as well as their testimony.
If you’re facing OVI charges and need legal guidance, don’t hesitate to reach out to us at (330) 992-3036 for a complimentary consultation. Our dedicated team is available 24/7 to assist you in navigating the legal process.
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