Can You Be Charged with OVI While Parked in Ohio?

Ohio residents are often surprised to learn that they can face criminal charges if they’re impaired and inside their car, even when the vehicle isn’t moving. While this charge differs slightly from a standard OVI (“Operating a Vehicle Impaired”), the offense still carries harsh penalties, including a driver’s license suspension, fines, and possible jail time. It’s crucial to talk to a Columbus OVI defense lawyer if the police accuse you of having physical control of a car while impaired.

Ohio’s “Physical Control” Statute

In Ohio, the term for driving a car under the influence of alcohol or drugs is OVI. The charge for being in a parked car while intoxicated is slightly different: “Having physical control of a vehicle while under the influence.” It’s common to see this shortened to “physical control” to distinguish it from a standard OVI. The distinction may seem minor, but it significantly impacts your case.

According to the law, “physical control” means being in a car’s driver’s seat while possessing the vehicle’s key. The idea is that even though you may not be “operating” the car while impaired, the fact that you have alcohol or drugs in your system and access to the key means you still pose a danger to others.

Penalties for a Physical Control Charge in Ohio

In Ohio, being in physical control of a car while intoxicated is a first-degree misdemeanor. Penalties for first-degree misdemeanors in Ohio include up to 180 days in jail and a fine of up to $1,000. Anyone convicted of this charge also faces a Class 7 driver’s license suspension, meaning they’ll lose their driving privileges for up to one year.

What To Do if the Police Arrest You on Suspicion of Physical Control

You don’t want to make your situation worse after the police arrest you on suspicion of physical control. Here’s what to do to protect yourself:

• Stay calm and respectful. Don’t argue with the police or resist arrest.
• Say you want a lawyer. Don’t answer any questions until your attorney arrives.
• Don’t do field sobriety tests. You can say no without legal consequences, though you must comply with chemical tests or automatically lose your driver’s license.
• Call a lawyer right away so they can protect you.

Defenses Against Physical Control Charges in Ohio

A physical control charge is not as severe as an OVI (in most cases), but you don’t want to risk going to jail, having to pay a large fine, or losing your driving privileges. A Columbus drunk driving defense attorney can review your case and look for potential weaknesses in the prosecution’s arguments. Some possible defense strategies in these cases include:

• You weren’t in control of the car. Showing you were sitting in the back seat or away from the driver’s area can help your case.
• No evidence of impairment. The officer must prove you were under the influence when they arrested you for a physical control charge to apply.
• Improper police procedures. If the police violated your rights, your lawyer can seek to have the evidence against you dismissed, weakening the prosecution’s case.

The Law Offices of Saia, Marrocco & Jensen Inc. has decades of experience helping people in Columbus and throughout Ohio fight OVI and physical control. We’ll scrutinize every element of the case against you for weak points and guide you through the legal process. Call now or complete our contact form for a free consultation.