Ohio DUI Law

In Ohio, drunk driving is commonly referred to as an OVI (operating a vehicle while intoxicated) or an OMVI (operating a motor vehicle while under the influence). It is important to note though, that these terms can be used interchangeably with driving under the influence (DUI) or driving while intoxicated (DWI). Ohio DUI law states that a drunk driving charge will initiate two separate cases, the first being a criminal court case, and the second being an Ohio Bureau of Motor vehicles hearing.

Like most other states, Ohio DUI law is based on the concept that an individual can be prosecuted for driving drunk if they are either operating a vehicle under the influence of alcohol and/or drugs, or if they are violating the state’s “per se” law. The “per se” law asserts that if an individual has a blood alcohol content (BAC) of .08 percent or higher they are legitimately intoxicated.

Specifics of Ohio DUI Law

Interestingly, there are certain legal concepts within Ohio DUI law that are actually uniquely particular to the state. For example, the term “operate” within the law has a different definition then simply driving a vehicle, as it also relates to a persons “ability” to drive a vehicle. This legal definition of “operate” is referred to as “actual physical control”, and legally it implies that even an intoxicated individual in a parked car can be charged with a DUI solely because they have the ability to drive (even though they are not currently driving).

This concept is rather remarkable, as Ohio DUI law labels a vehicle as anything that is moved by a means of power other than human power. In Ohio, many different modes of transportation ranging from bicycles, motorcycles, golf carts, tractors, ride able lawnmowers, and so on are all considered to be “vehicles,” and thus if ridden by an intoxicated individual, he or she may receive a DUI.

Ohio DUI Punishments

Ohio DUI Law states that the penalties for a DUI charge may vary depending on the number of offenses, however, a first time offender generally may be charged with such penalties as imprisonment, extensive fines, the suspension of driving privileges, the immobilization or even the seizure of the offender’s vehicle, and so on.

Due to its particularities, Ohio DUI law is efficiently constructed to discourage any drunk driving, which makes it rather unforgiving. Therefore, it is highly recommended if you are arrested for a DUI/OVI/OMVI in the state of Ohio, that you contact a DUI Defense Lawyer immediately upon arrest for consultation.