What is DUI | OVI under Ohio Law?
DUI/OVI is regulated by Ohio Revised Code 4511.19 Operating vehicle under the influence of alcohol or drugs – OVI.
Ohio changed its drunk driving nomenclature in 2005 from the designation driving under the influence (DUI) to operating a vehicle under the influence (OVI). However, attorneys still generally refer to the offense as DUI because the term is more widely recognized and used by the public. The change in nomenclature was intended to more accurately reflect the acts that constitute a violation. The term “operate” clarifies that you do not necessarily need to be “driving” in the ordinary sense. If you are sitting in the driver seat of your vehicle with the keys in the ignition, this can justify a DUI | OVI arrest. The law also does not require you to be in a vehicle with a motor because you can receive a DUI even if you are riding a bicycle.
There are essentially two types of DUI or OVI offenses: 1) OVI (Operating a Vehicle Under The Influence of Alcohol or Drugs ) and 2) BAC (Blood Alcohol Concentration). If your driving skills are actually impaired, you can be convicted of OVI even if the amount of alcohol or a particular drug in your system does not exceed the statutory limit. A conviction of BAC requires proof that a driver has a specified quantity of drugs or alcohol in his or her system at the time of the stop. A driver can be convicted of “OVI”, for example, if the motorist’s blood alcohol concentration (BAC) is .08 percent or above based on a breath test, even if their driving is flawless, depending on the circumstances.
Here are the Ohio Impaired Driving Law “Types of Offenses”
Operating Vehicle Under The Influence RC 4511.19 (A),(G) – 6 Points