Ohio’s Impaired Driving Laws: OVI, DUI Physical Control and ALS
In Ohio, an impaired driver may face escalating and more punitive consequences depending on the criminal charge. The Ohio criminal code penalizes drunk and drugged drivers with the following criminal charge: Operating a vehicle while under the influence of alcohol or drugs. It’s referred to as OVI. Ohio law specifies numerous situations in which a driver may be charged with OVI.
Drunk Driver May Driving Erratically or Considered Per Se Intoxicated
A driver may be charged with OVI once he or she is initially pulled over for a moving violation or has a car accident and police discover that the driver has any amount of alcohol or drugs in his or her system. However, drivers are most often charged with OVI when they are per se intoxicated — that is, when they are found to have a blood alcohol concentration (BAC) at or above .08 percent. The OVI statute also allows for several measures that can determine when a blood, breath or urine sample has the equivalent of .08 percent BAC.
Finally, even a driver that was not operating a motor vehicle may be charged with “DUI Physical Control” if the driver was sitting in or near an automobile and had physical control of or was in close proximity to the vehicle’s keys.
Automatic License Suspension (ALS) After BAC Test Refusal or OVI Conviction
If a driver suspected of drunk driving in Ohio refuses a breathalyzer or other BAC test to determine that he or she was driving while under the influence, a police officer can confiscate the motorist’s driver’s license at the scene and the driver’s license will be automatically suspended. The driver will have an initial court appearance within five days of the arrest or impaired driving ticket. If a suspended driver wishes to appeal the ALS, he or she must do so within 30 days of the initial appearance.
ALS for a BAC test refusal can last from one to five years, depending on the circumstances. Following an OVI conviction or a similar impaired driving conviction, a driver’s license suspension can last up to six months. Drivers with suspended licenses may be able to petition for limited driving privileges. Drivers should contact an experienced OVI defense lawyer for assistance as soon as a suspected OVI incident occurs.