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What is a D.U.I. in Ohio?
• The offense commonly called “drunk driving”
is also often referred to as either “DUI” (driving under
the influence), “DWI” (driving while intoxicated), or
“OMVI” (operating a motor vehicle while under the influence).
They are all the same offense and found in Section 4511.19 of the
Ohio Revised Code. Under subsection A (1) of 4511.19 it is an offense
for any person to operate a motor vehicle while having any
amount of alcohol or drugs or combination of the drugs
and alcohol that impairs their physical or mental abilities to an
appreciable degree. This offense does not require proof of any specific
amount of alcohol in your system; therefore, you don’t have
to take the blood, breath, or urine test to be convicted of this
offense.
• Under other subsections of 4511.19 operating a motor vehicle
with a specific level of alcohol in your system is itself an offense.
These are called per se offenses and the levels of alcohol are:
1. a concentration of .08 or more by weight of alcohol in
his blood;
2. a concentration of .08 of one gram or more by weight of
alcohol per two hundred ten liters of his breath;
3. a concentration of .11 of one gram or more by weight of
alcohol per one hundred milliliters of his urine;
4. a concentration of .17 of one per cent or more by weight
of alcohol in the person’s blood:
5. a concentration of .17 of one gram or more by weight of
alcohol per two hundred ten liters of the person’s breath:
6. a concentration of .238 of one gram or more by weight
of alcohol per one hundred milliliters of the person’s urine.
• At the higher levels of concentration of alcohol, the
penalty will double in jail time and other increased sanctions.
Also, each time one has been convicted of this or a similar offense
in the past it will increase the penalties for the instant offense.
If you are a minor (under age 21) the penalties
are different than for an adult. The prohibited level for a minor
is .02! They also include jail as a sanction and such conviction
will count as a prior conviction in any future DUI cases to enhance
the penalty. See Section (B) of 4511.19.RC.
• Certain definitions apply to DUI’s in Ohio from either
the statutes or by case law interpreting the statute. For example:
“Operate” has a different definition than actually
driving down the road. It includes being in control of a vehicle
even if parked and not running at the time of the offense.
If one is in the driver’s location of a stationary vehicle
and has the keys close at hand so as to be capable to put the vehicle
in motion, it would be considered “operation” and thereby
an offense in Ohio. Many cases in Ohio have dealt with various aspects
of whether the vehicle was on private property, actually moving,
driver actually in driver’s seat, keys actually in the ignition
and other aspects of operation. See State v Cleary,
22 Ohio St 3d 198; State v Gill 70 Ohio St 3d 150;
State v Imer, 1997 WL 797772, No 16356 (2d Dist. Ct
App Montgomery Co. 12-31-97). A new addition to the code will make
actual physical control of the vehicle an offense.
“Vehicle” is also broader than the limited application
to a car. It includes a motorcycle or bicycle or any device
that is moved by power other than human power. Courts have
determined that a mounted bicycle, golf cart, tractor, riding
lawnmower and other devices are included in the definition
of “vehicle”. Obviously motorized wheelchairs are excluded.
It should be noted here that there are separate code sections for
the operation or physical control of watercraft under the influence
and it has its own set of definitions. See Section 1547.11-1547.99
RC for further information on watercraft operation.
“Under the influence of alcohol” means that a person
consumed some alcohol, whether mild or potent, in such a quantity,
whether small or great, that it adversely affected and appreciably
impaired the person’s actions, reactions and mental processes
under the circumstances then existing and deprived him of the clearness
of intellect and control of himself which he would otherwise have
possessed. The question is what effect did any alcohol consumed
by the person have on him at the time and place involved. If the
consumption so affected the nervous system, brain or muscles of
the person so as to impair to an appreciable degree his ability
to operate the vehicle, the person was under the influence. Ohio
Jury Instructions 545.25, Sect 6. “Appreciable”
means noticeable or perceptible. O J I 545.25, Sect 7.
• So as you can see, the statutory definitions and quantification
of the alcohol makes the DUI offense very technical and often difficult
to understand. Additionally, the law is constantly changing as to
certain aspects of this offense. Although it is admirable to read
and understand the essence of the offense, any attempt to defend
a DUI charge should be left to a trained and experienced defense
attorney with specific experience in DUI cases. The sanctions and
penalties for each offense depend upon the prior criminal record,
traffic record, prior DUI convictions, level of alcohol, and specific
facts of the individual case. See JAIL
and FINES sections of this web site.
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