Can You Get an OVI If the Car Wasn’t Moving in Ohio?

Ohio refers to drunk driving as operating a vehicle under the influence of alcohol or drugs, or “OVI”—emphasis on the word operating. This raises a critical question: can someone be arrested on suspicion of OVI if they were not actually driving the vehicle at the time? The answer may surprise you.

Understanding Ohio’s OVI Law

Under Ohio law, a person commits OVI if they operate a vehicle while under the influence of alcohol or drugs or with a blood alcohol concentration of 0.08 percent or more. The statute specifically uses the term “operate” instead of “drive;” “operate” covers a broader scope of activity than “drive.” Thus, a person can face an OVI conviction as they can “operate” a vehicle even when the vehicle does not move. Instead, a person may “operate” a motor vehicle by exercising control over the vehicle.

Key Factors Courts Consider

Courts consider various facts and circumstances to determine whether a defendant had “operated” a motor vehicle under the OVI statute. Some of these factors include:

• Whether the individual had the key in the ignition (or the key fob in the vehicle for a push-to-start vehicle)
• Whether the individual had the vehicle’s engine running
• The location of the vehicle, such as stopped on the side of the road, parked in a parking lot, or parked in the driveway of the driver’s residence
• The individual’s location inside the vehicle (e.g., sitting in the driver’s seat, sleeping in the back seat)

Courts may interpret these facts to conclude that a defendant intended or could drive the vehicle and thus “operated” the car.

Potential Defenses to an OVI Charge

A defendant charged with OVI following their arrest in a parked vehicle may raise various defenses against their charges, including:

• Lack of intent to operate the vehicle
• Defendant had legally parked the vehicle and turned it off
• Defendant did not have keys in the ignition or could not start the vehicle
• Defendant used the vehicle as a temporary shelter (i.e., sleeping off alcohol intoxication)
• Unlawful stop by police
• Unlawful search or interrogation

A defense to an OVI charge following an arrest in a stopped or parked vehicle may focus on proving that the defendant did not have the intent or ability to operate the car and, thus, did not violate Ohio’s OVI statute.

What to Do After Getting Arrested for OVI

Steps you should take after an OVI arrest in Ohio include:

• Stay calm and cooperate with the police. Do not attempt to argue with the officers or resist arrest.
• Exercise your right to remain silent and decline to answer the officers’ questions, including questions about where you had been or how much you had to drink.
• Don’t assume your guilt just because the police arrested you while you were drunk in a vehicle.
• Exercise your right to legal counsel by asking to speak to an attorney as soon as possible after your arrest.

Last but perhaps most important, talk to a criminal defense lawyer about the circumstances of your arrest. An experienced attorney can determine whether you may have a potential defense against your charges. They can also fight to reduce the charges against you, minimize the penalties of conviction, have the charges dismissed, or beat them in court.

Contact a Drunk Driving Defense Lawyer

If you’ve been arrested on suspicion of OVI in Ohio, you need dedicated legal counsel to help you pursue a favorable resolution to your charges. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with our legal team to discuss your options for facing an OVI prosecution.