A: Most people think of DUI/OVI as a single offense, but there are actually two general types of DUI/OVI charges. The two general types of DUI charges (called ‘OVI’ in Ohio) are OVI ‘impaired’ and OVI ‘per se’. OVI ‘impaired’ alleges that a person’s ability to operate a vehicle is impaired by alcohol and/or drugs. OVI ‘per se’ alleges that a person is ‘per se’ impaired because that person has a prohibited concentration of alcohol and/or drugs in their blood, breath or urine.
A: The OVI ‘impaired’ charge is based upon a person operating a vehicle under the influence of alcohol and/or drugs. The prosecution must prove the alcohol and/or drugs affected the person’s mental faculties or physical abilities in a way that impaired the person’s ability to operate the vehicle.
A: To prove a charge of OVI ‘impaired’, the prosecution admits evidence indicating the person operated a vehicle under the influence of alcohol and/or drugs. That evidence includes testimony of police officers, testimony of lay witnesses, video recordings, physical evidence, and the defendant’s own statements. That evidence often includes the results of field sobriety tests administered by a law enforcement officer.
A: The OVI ‘per se’ charge is based upon a person operating a vehicle with a concentration of alcohol and/or drugs which is at or over the prohibited level. For example, the prohibited level for alcohol in Ohio is .080. The prosecution must prove that, at the time the person operated the vehicle, the person had a concentration of alcohol in their breath or blood of .080 or higher (the prohibited concentration for urine is .110).
A: To prove a charge of OVI ‘per se’, the prosecution admits evidence the person operated a vehicle, took a breath, blood or urine test soon after driving, and the result of the test was at or over the prohibited level. The prosecution is not required to prove the alcohol and/or drugs impaired the person’s ability to operate the vehicle, because it is ‘per se’ illegal to operate a vehicle with a prohibited concentration of alcohol and/or drugs.
A: Yes. If a person is arrested for OVI, the law enforcement officer typically asks the person to submit to a breath, blood, or urine test. If the person refuses, they will be charged only with OVI ‘impaired’. If a person submits to the test and the test result is at or above the prohibited limit (e.g., .080 for alcohol), the person will be charged with both OVI ‘per se’ and OVI ‘impaired’. Although a person can be charged with both offenses, they can only be sentenced on one of the two offenses.
The Dominy Law firm represents clients charged with OVI ‘impaired’ and OVI ‘per se’ in Columbus, Ohio and the central Ohio area. If you would like more information on the Dominy Law Firm, please see the ‘About Us’ page. You may also want to review the attorney biographies, client reviews, and case results. If you would like to schedule a free consultation about your OVI case in central Ohio, please submit a CONTACT FORM or call 614-717-1177 to schedule a phone consultation.