Based on recent studies, 13,729 arrests were made that relate to OVI or DUI charges in the state of Ohio in 2018. Many of the residents in Columbus are unaware that there are multiple offenses they can be charged with when driving under the influence. In the state of Ohio, there are generally two different charges associated with driving while impaired. OVI ‘impaired’ and OVI ‘per se’. In 1982, prosecutors in Ohio decided to navigate away from the DUI term and introduced OVI as the new driving under the influence offense. A driver in Columbus can be charged with an OVI for operating a vehicle while under the influence of drugs, alcohol, or both.
Even though DUI and OVI equate to the same behavior, there are subtleties in the OVI law, particularly relating to how the prosecutor is able to prove that the driver was truly driving under the influence. This is why it is essential to obtain legal representation, to have a chance at winning the case when being charged with an OVI in Ohio or any other charge related to driving while impaired.
Driving Under the Influence Charges in Columbus
Nationally, a charge for driving under the influence is typically classified as a DUI. In the state of Ohio, these charges are classified as OVI (operating a vehicle under the influence of alcohol or drugs) charges. State law says that no person is allowed to operate a vehicle, trackless trolley, or streetcar while under the influence of drugs, alcohol, or both. The law also states the parameters in which a person can be charged with an OVI including the amount of alcohol present in their system. The blood-alcohol level can be obtained through blood, urine, or breath tests. The number of drugs in an individual's system can be determined through urine, blood, or even hair.
OVI is used as a general term in regards to the different classes of OVI offenses. The two major ones to be aware of are:
OVI ‘Impaired’ – In Columbus, and the rest of Ohio, the term “Under the Influence” has a different meaning than in the rest of the United States. In order to charge a person with OVI ‘Impaired,’ it must be proven that the drugs and/or alcohol in the person's system are visibly or noticeably impairing the driver's ability to operate the vehicle. This means that the driver’s mental processes, reactions, or actions while driving the vehicle are visibly impaired to some degree.
In order for the prosecution to prove the driver was under the influence in court, they will try to prove that the driver's brain processes, nervous system, or muscles were not able to properly function. The prosecution will also use the police officers' testimonies, body cam footage, and any other evidence they can collect. If a field sobriety test was conducted then that will also be used as evidence in the case as well. Field sobriety tests are meant to give the officer an idea of what the blood alcohol content is, but they can be used in court to prove that the driver was impaired if they fail any part of the test. They may also use your blood alcohol content to prove the driver is under the influence. In the state of Ohio, the legal limit for alcohol in the system is .08.
OVI ‘Per Se’ – In the state of Ohio, it is prohibited for a person to operate a vehicle when having a blood alcohol content of .08% or higher. There is also a high-test prohibited concentration of .17%. When testing for drugs, each drug has a specific allowance depending upon the actual drug in question. In cases of OVI ‘Per Se’ an individual can be arrested and charged with an OVI even if they have not shown signs of impairment, as long as they are over the legal limit.
When charged with an OVI ‘Per Se’, the prosecution can use the driver's blood, urine, or breath tests to prove the driver was legally over the limit. In order for these tests to be admissible in court, they must be conducted in compliance with Ohio Health of Department regulations. If the driver is coerced, or not given a choice as to whether or not they want to be tested, the results of the tests are not admissible in court. Also, if the Ohio Department of Health regulations are not followed exactly, the results of the alcohol or drug content test may not be allowed as evidence in court. Even if the test is admissible, it is only circumstantial evidence, and the accuracy of these tests can be challenged in court.
OVI ‘Test Refusal With Prior Conviction” – This OVI offense is for drivers who have a previous OVI conviction within the last 20 years, and refuse to take a blood, urine, or breath test to identify the blood alcohol content.
OVI Felony – If the driver has 3 prior OVI convictions in the last 10 years, or 5 throughout their entire life they will be charged with a felony pertaining to OVI.
OVUAC – This stands for Operating Vehicle after Under-Age Consumption. This offense has no limit as it pertains to underage drinkers. Anyone under 21 years of age that has between .02% and .079% blood alcohol content will be charged with an OVUAC.
Multiple OVI Charges
It is important to understand that a driver can be charged with multiple OVI offenses. If a driver is arrested for OVI and submits a blood, urine, or breath test that shows the driver is over the legal limit, they will most likely be charged with OVI ‘Impaired’ and OVI ‘Per Se’. This is 100% legal under Ohio State Law and allows the prosecution multiple ways to try and prove the driver was under the influence while operating the vehicle. It is also important to know that even if the driver is charged with two OVI offenses, they can only be convicted of one offense that arises from one incident.
OVI Penalties
The penalties that come with being convicted of an OVI offense depend upon how many times the driver has previously been convicted of the same offense. Here’s a breakdown of the OVI penalties:
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First Offense – First-time OVI offenses are classified as a fourth-degree misdemeanor. It is up to the court’s discretion to decide whether to impose a jail term of up to 6 months, or request a fine of up to $1,075, and a suspended license for up to three years.
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Second Offense – A second OVI offense comes with a mandatory 10 days – 6 months of jail time, as well as up to $1,625 in fines. Their license may also be suspended for up to 7 years.
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Third Offense – A third OVI offense will require a mandatory 30 days to 1 year in jail, as well as up to $2,750 in fines. The license may be suspended for up to 12 years.
For any OVI conviction, the penalties that are decided are the discretion of the judge. They may also require the defendant to complete substance abuse treatment and require weekly drug and alcohol testing. Second-time OVI offenders will be required to complete a substance abuse assessment and third-time OVI offenders will be mandated to complete treatment.
Columbus OVI/DUI Attorneys Can Help
Criminal charges such as OVI are serious especially when jail time can be a direct result of a conviction. It is important to get in touch with an experienced criminal defense lawyer dedicated to fighting OVI charges in Ohio to help with your case. Your lawyer will have knowledge of the judicial system to protect your rights and liberty.
