Ohio drivers don’t get arrested for driving under the influence (DUI) offenses. Instead, the state refers to drunk driving as operating a vehicle impaired (OVI) offenses. Motorists who cause crashes are likely to face scrutiny that could lead to their arrest. Additionally, those who swerve all over and drive erratically could face targeted traffic stops and questions about their sobriety.
People who feel sober may assume that they can easily drive home after enjoying a few beverages with friends. However, a traffic stop that begins because of failing to use a turn signal could quickly escalate into an OVI traffic stop. Even if there is no proof of a driver struggling to safely operate their vehicle, the state may still be able to pursue OVI charges.
Drivers are subject to strict alcohol limits
The law making OVI offenses criminal clearly prohibits operating a vehicle in an impaired state. It also imposes a per se chemical limit for a motorist’s blood alcohol concentration (BAC). Neither police officers nor prosecutors have to prove that a driver struggled to manage their vehicle in traffic or caused harm to others. The only evidence that is technically necessary to pursue OVI charges is a failed chemical test.
A per se crime is an offense that is criminal in its own right, regardless of what impact the incident may have had on others. State statutes define an OVI as impaired driving or operating a vehicle with a BAC of 0.08% or higher. When the state pursues per se OVI charges based on BAC test results, drivers may be able to defend against those allegations.
Perhaps the reason for the traffic stop is questionable. Any evidence obtained during a traffic stop that violated an individual’s rights may be subject to exclusion from criminal proceedings. Motorists may also partner with criminal defense attorneys to question the accuracy of chemical test results. A variety of factors, ranging from missed calibrations to the driver’s medical conditions, might affect BAC test results.
Understanding what leads to OVI charges can help people plan to defend against them. The right response to pending OVI charges can make a major difference for drivers accused of intoxication at the wheel.