Ohio’s OVI (operating a vehicle under the influence of drugs or alcohol) ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ due to alcohol and/or drugs that impairs physical or mental abilities to a degree that causes driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for an Ohio OVI, even though you are not “legally drunk”.
If you are in the driver’s seat of a vehicle, even if the vehicle is parked and not running at the time of the offense, but have the keys so as to be capable to put the vehicle in motion, and you are impaired – it would be considered "operation and/or control" of a vehicle, and you can be arrested and prosecuted for an Ohio OVI.
Under Ohio’s “implied” consent law, all licensed drivers have given their consent to comply with a blood alcohol content (BAC) test. Even if you are not licensed, by law you have to consent to a lawfully ordered request to obey. You should note that you have the right to a second blood alcohol content (BAC) test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Ohio OVI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with an Ohio OVI you’re going to face two adversaries: the criminal courts, and the Ohio Bureau of Motor Vehicles (BMV). If your license was suspended or revoked because of an OVI, you will be offered a formal hearing. Although both a court case and administrative penalties may look similar, they are imposed separately from different jurisdictions and generally run concurrently (at the same time).
You have the right to make a request within 30 days for an administrative hearing with the BMV to try avoiding losing driving privileges. A hearing may be a crucial opportunity to let your Ohio OVI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And BMV sanctions can also be imposed even if you are found not guilty in a criminal court case. Even if you prove your case the BMV can still suspended your license if they deem you to be a ‘habitual’ or continually unsafe driver.
Be advised that Ohio has an out-of-state Driver’s License Compact Agreement. This means that Ohio OVI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Ohio OVI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country OVI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Ohio OVI specialist. In any case, if you are stopped and arrested for suspicion of an Ohio OVI, request to see an OVI attorney, the sooner the better.
