Driving while under the influence of alcohol is extremely dangerous to yourself and those around you. Everyone knows how easy it is to get into a crash if you drive drunk. However, if you’re intoxicated and sitting in your car with the engine off, there’s no real risk that you’ll hurt someone, right? Unfortunately, Ohio doesn’t see it that way. You can still face criminal charges, even if you’re not actively driving. It’s important to understand how the laws around drunk driving work so that you can prevent getting arrested in the first place or come up with a defense strategy if you’ve already been charged.
What is a DUI vs OVI?
There are two main types of charges for driving while intoxicated: DUI (Driving Under the Influence) and OVI (Operating a Vehicle Impaired). There isn’t a substantial difference between the two charges, however. You can be charged with an OVI for operating any kind of vehicle while impaired–not just a motor vehicle. In most OVI or DUI cases, an officer notices a driver behaving strangely on the road and pulls them over. If they believe the driver is impaired, they might ask them to submit to field sobriety tests and/or place them under arrest. It’s important to note that you are not required to take these field sobriety tests, even if they are requested.
Can You Be Charged With a DUI/OVI While Parked?
Ohio drivers don’t necessarily have to be driving to be charged with an OVI or DUI. In Ohio, if you have “physical control” of the vehicle (meaning that the keys are within your reach), you can still be arrested and charged. This means that not only can you be charged with a DUI or OVI while your vehicle is parked, it doesn’t even have to be running. You could be asleep in the driver’s seat without the heater or air conditioning on and still violate drunk driving laws if your keys are within reach. “Sleeping it off” in the car might be the safer option, but it’s no different from driving drunk, according to Ohio state law, due to the revised code on physical control.
Legal Implications of Being Charged with Drunk Driving Without the Vehicle Being in Motion Under Ohio Law
An OVI charge in Ohio involves the statute of physical control. Under Section 4511.19 of the Revised Code, the law considers physical control to be in effect even if the vehicle you are in is not moving. By this definition of physical control, you do not need to be driving to get hit with an OVI charge.
Those facing an OVI charge will likely have a first-degree misdemeanor resulting in a physical control conviction. For a first OVI offense, you will pay a minimum fine of $565. Conviction of an OVI offense may also result in at least 3 days of mandatory jail time. Driver’s license suspension could range from 6 months to 3 years, and you may also face requirements to attend mandatory drug or alcohol education programs and serve community service for this criminal offense.
Common Scenarios That Can Lead to OVI Conviction Even If Not Operating a Vehicle
OVI in Ohio is more common than you may think, and some seemingly innocent behaviors could land you with an OVI offense. For example, if you sleep in a vehicle while impaired with the keys accessible, law enforcement officers will charge you with OVI in Ohio. Ohio prosecutors will argue, especially if your car has a key fob and push-button start, that you still had physical control of the vehicle.
Similarly, even if you were sitting in a running vehicle without driving it, perhaps to run the air conditioning or heat, the Ohio revised code on physical control could be used against you. You may even be considered to have physical control if you are outside of the vehicle and intoxicated while in possession of your keys. In order to avoid the mandatory penalties associated with OVI in Ohio, you need an experienced attorney to cast reasonable doubt on the prosecution’s charges.
Potential Legal Defenses in OVI Cases
When facing OVI in Ohio, your attorney may be able to challenge the legality of the initial traffic stop. Field sobriety test results may also be questioned, as could the equipment used to obtain your blood alcohol content.
Additionally, the premise of physical control could be challenged, depending on the circumstances surrounding the incident. If you are accused of this alleged offense, you need a strong defense that only an attorney can provide. Since you could face an array of penalties, including a jail term and fines, don’t delay getting legal representation.
Steps to Take If Arrested for DUI/OVI in a Stationary Motor Vehicle
If you are arrested for being in or operating your vehicle under the influence, the first thing to do is cooperate with the police officer. You will likely be asked to submit a chemical test, and refusing it results in an immediate license suspension. Arguing will not make a difference – in court is where the prosecution must prove beyond a reasonable doubt that you are guilty. Instead, make your call to a defense attorney who can fight these charges or negotiate a lesser charge on your behalf.
How Ernst & Associates Can Help You Contest a DUI or OVI Charge
If you’ve been arrested for operating a vehicle while under the influence, it’s important to find an experienced DUI defense attorney to help you right away. A DUI or OVI conviction can lead to fines, jail time, and/or license suspension. It can also affect your ability to find work and get to and from your job. To learn more about your options for your situation, reach out to our defense lawyers in Cincinnati. Our attorneys can help you decide how to move forward with your case. Call 513-960-4699 today for a free initial consultation.
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