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 Driving under the influence (DUI) or, in Ohio, operating a vehicle impaired (OVI) can have serious legal consequences. It's essential to understand the nature of OVI charges and what you might face if you're arrested for this offense. It is important to make sure you engage an attorney as early as possible in this process to make sure everything can be done to preserve all the challenges to your case.  There are many common questions for OVI cases that are answered below. 

 DUI vs. OVI: Terminology Differences in Ohio  

In Ohio, the term OVI (Operating a Vehicle Impaired) is used instead of DUI (Driving Under the Influence). The legal definitions and penalties are similar, but it's essential to understand this distinction if you've been charged with an offense related to impaired driving in our state. 

Why the Terminology Matters Understanding the specific language used in Ohio's legal system is crucial. It impacts the way your case is handled, including how charges are filed, and how potential penalties are determined. Regardless of the terminology, we are here to protect your rights and provide you with skilled OVI defense. 

 OVI, or Operating a Vehicle Impaired, is a legal term used in Ohio to describe the offense of driving under the influence of alcohol, drugs, or a combination of both. In Ohio, you can be charged with OVI based upon observations that you are impaired by alcohol or other drugs in a way that impedes your ability to safely operate a motor vehicle. While there are many similar charges across different jurisdictions in Ohio the most widely used charged is under Ohio Revised Code 4511.19   

 Operative a motor vehicle with a prohibited drug or alcohol concentration. If you have been charged with OVI PAC it means the government believes you have a prohibited breath, blood, or urine concentration of drugs or alcohol. This testing almost always occurs after being arrested for an OVI charge. The police will collect the bodily sample to be tested after gaining your consent or through a warranted blood draw. The OVI Per Se charge can also be found here. 

 If you were arrested for OVI and asked to submit to a chemical test, but did not give a sample you can possibly be charged with an OVI Refusal charge. This charge can only occur if you have a prior conviction for OVI on your record within the last 20 years. If you do get arrested for OVI, have a prior conviction within 20 years, and refuse to consent to a chemical test you may get this additional charge. 

If you are convicted of OVI, you may face severe penalties, including fines, license suspension, mandatory alcohol treatment programs, and even jail time. Potential consequences vary based upon a number of factors, including if you have prior convictions, if you refused a test, and if you had a prohibited drug or alcohol concentration in your system. The standard penalties can be found here: 

Having an attorney review your case and charges is important in understanding what penalties you are actually facing in a particular case.  

 An administrative license suspension or ALS is a suspension that exists before you have been convicted of an OVI or DUI. This suspension is put in place if you have refused a chemical test or have tested over a legal limit. The length of this suspension varies depending on the number of prior convictions on a person’s record.   

 There are many ways to challenge an ALS, but they are often time sensitive. The ALS form must be filled out in specific ways and filed with very strict requirements. If the form is filed in an incorrect manner it could result in the termination of the ALS. It is also possible to request a stay or pause of the ALS, which then allows you to get your license back while we fight the case. Lastly, we can request limited driving privileges under the ALS, which allows you to continue on with your work and home responsibilities while we challenge the case.  

 There are many ways to challenge an OVI case, through a motion to suppress, trials, or negotiations.  Let us help you find the best path forward for your case. 

 A motion to suppress is a request for the court to conduct an evidentiary hearing to determine whether the government followed proper rules, protocols, and the constitution during your case. We can challenge the admissibility of evidence through this hearing. In these hearings it is possible to exclude a traffic stop entirely, the standard field sobriety tests, a refusal to take a test, or the chemical tests themselves.  

 If the Court finds that a traffic stop was conducted in a way that violated the law or constitution, they can suppress the traffic stop and everything that occurred after the point of the violation. With evidence suppressed it can mean the government loses the ability to present evidence including any chemical testing that is done after that stop.   

 Standard Field Sobriety Tests are a battery of tests authorized by NHTSA (National Highway Traffic Safety Administration). These tests are designed to be conducted in as close to the same way as possible for all traffic stops.  The current versions of the manual related to OVI can be found here.