DUI Law in Ohio
It is important that those arrested for drunk driving in Ohio consult with a Cleveland DUI Attorney rather than Denver law firms. Local jurisdictions determine not just what constitutes driving under the influence, but the penalties that accompany a given offense. Drivers can’t be expected to understand the nuances of Ohio DUI law, so they may be unaware of mitigating circumstances within their case. A lawyer will be able to guide them through the process.
In addition to the usual guidelines about BAC ( blood alcohol level ), Ohio statutes have two separate designations for DUI. The first is known as OVI, Operating a Vehicle while Intoxicated. Vehicles include not just cars, but street cars, buses, bicycles, motorcycles, and even boats as well as other motorized vehicles.
The second type of offense is Having Physical Control of a Vehicle while under the Influence. This makes it illegal to be under the influence while being in the driver’s seat of a vehicle or possessing the keys of the vehicle. Again, vehicle is broadly defined. This means that sitting in a parked car, even if the keys aren’t in the ignition, is a misdemeanor DUI offense.
Other facts about Ohio DUI Law:
Ohio has a per se law on the books, so prosecutors don’t have to prove the person was impaired or appeared drunk. All they have to prove is a BAC of .08 or higher.
The BAC for minors is much lower, set at .02.
Higher BAC levels warrant stiffer penalties for all drivers.
There is a long list of drugs that are considered to be controlled substances and fall under the DUI laws. It is possible to get an offense dropped if the driver can prove the substance was ordered by a licensed physician to treat a valid medical condition.