Ohio OVI Charges

WHAT IS AN OVI?

OVI is the abbreviation for Operating a vehicle impaired. Ohio’s General Assembly amended our drunk driving/DUI statute to broaden the offense from driving under the influence to operating a vehicle impaired. The big difference is that operation does not require that the vehicle actually be moving. As a matter of fact, the vehicle doesn’t even have to be running so long as you are in the driver’s seat and the keys are within reach. Example: the vehicle is pulled off to the side of the roadway with the driver in the driver’s seat asleep (passed out) and the keys in the driver’s hand.

If the police officer can’t prove that you actually drove the vehicle while impaired, you can be charged with Physical Control (Ohio Revised Code Section 4511.194), however, so long as it can be reasonably inferred (either through direct or circumstantial evidence) that you drove while impaired, you can be charged with OVI.

WHAT DOES “PHYSICAL CONTROL” MEAN?

What does “Physical Control” mean?  Ohio’s Physical Control Statute, O.R.C. 4511.194, became effective on 1/1/05. Physical Control is similar to an Ohio OVI/Ohio DUI charge in that it deals with being in a vehicle while under the influence of alcohol or drugs of abuse with one exception, Physical Control does not require that the vehicle have ever been driven or even started.

The best example of a Physical Control violation is the person who staggers out of the tavern and decides to “sleep it off” in their vehicle. Often times what happens is the person starts the car, either to run the air conditioner or the heater, so the vehicle is actually running, then goes to sleep. However, one need not have the car running or even have the keys in the ignition in order to be in violation of O.R.C. 4511.194 – Physical Control. Under the statute, having the keys within reach will satisfy the definition of having “physical control.” The physical control statute was essentially designed to “reward” or rather, not punish as severely, the person who drinks too much (or uses drugs of abuse) and then gets into their car, but decides not to actually drive.

CAN MY OHIO OVI/OHIO DUI CHARGE BE REDUCED TO A RECKLESS OPERATION CHARGE?

There is an overwhelming opinion amongst the general public (or maybe just the drinking public) that a first offense Ohio OVI/DUI should be reduced to a reckless operation charge. Can this really happen? Well, it depends in large part on a number of things, including, but not limited to:

1.) The prosecutor’s attitude toward OVI/DUI charges;

2.) The Court (or Judge’s) attitude toward OVI/DUI charges;

3.) The actual facts of your case, including such facts as:
a. Was there a breath test performed and if so, how high (or low) was the  result;
b. Was there an accident or bad driving; and
c. Where you polite and cooperative to the arresting officer.

These are but a few of the many considerations that will be considered when the prosecutor and your attorney sits down to discuss the possible out come at a pre-trial conference. This is not to say that if you had a low breath test and you were polite and cooperative that it guarantees a reduction of your charge, in fact, many courts (or prosecutors) take a “no reduction” or “zero tolerance” approach with OVI/DUI charges. This is why it is so important to find an attorney who is familiar with the court and prosecutor that you will be facing in your OVI/DUI case.

If you do find yourself in a situation like this, please do not hesitate to contact our office at (419) 353-SKIP or contact us to schedule a confidential consultation. We are available 24/7 and are happy to assist you with your legal needs.