What Is the Difference Between OVI and DUI in Ohio?

You’ve likely heard the term “DUI” to describe the offense of driving a vehicle under the influence of alcohol or drugs. In Ohio, you might also have heard the term “operating a vehicle under the influence,” or “OVI,” to describe this offense. So, what’s the difference between these terms?

There is no difference, except that “OVI” is the official legal term. While many people still use the term “DUI” in casual conversation, there is technically no such offense under Ohio law. If the authorities accuse you of driving under the influence of drugs or alcohol, the charge you’ll face is OVI, and working with an Ohio OVI/DUI defense lawyer is crucial to avoid the worst outcomes.

Definition of OVI in Ohio

Ohio law defines OVI as operating a vehicle under the influence of alcohol, a “drug of abuse,” or a combination of the two. The amount of alcohol or drugs in your system doesn’t matter if your ability to handle a vehicle safely is impaired.

Along with this general definition, the law also forbids you from driving a car if the concentration of drugs or alcohol in your system meets or exceeds certain limits. For instance, you could face an OVI charge if the police catch you with a blood alcohol concentration (BAC) of 0.08 percent above, no matter how much the alcohol has (or hasn’t) affected your ability to drive. There are other strict limits for substances like cocaine, cannabis (marijuana), heroin, LSD, etc.

Lastly, the authorities can charge you with OVI even if your car is parked. State officials implemented this related statute out of concern that someone could start a car and cause a crash while impaired, even if they weren’t moving when the police found them.

Penalties for OVI in Ohio

The penalties for an Ohio OVI conviction depend on your BAC when the police caught you, your prior criminal history, whether you caused a crash that injured or killed someone, and other factors specific to your case. For example, the penalties for a first OVI with a BAC between 0.08 and 0.16 percent include:

• Minimum of three consecutive days in jail or attendance at a driver intervention program
• Fine between $375 and $1,075
• Possible license suspension for one to three years

For comparison, the penalties for a first OVI with a BAC of 0.17 percent or higher include:

• Minimum of six consecutive days in jail or a combination of jail and an intervention program
• Fine between $375 and $1,075
• License suspension for one to three years

The penalties escalate from here, particularly if you injure or kill someone in a collision while impaired.

What to Do if the Police Stop You on Suspicion of OVI

Traffic stops are the most common way police catch suspected drunk drivers. Here’s what to do if the police stop you on suspicion of impaired driving:

• Keep your hands on the steering wheel so the officer can see them.
• Wait for the officer to ask for your license, registration, and proof of insurance before reaching for anything.
• Speak politely and remain calm throughout the interaction.
• Do not admit to drinking or using drugs.
• You have the right to refuse field sobriety tests, but refusing a chemical test after your arrest will lead to an automatic driver’s license suspension.
• If the police arrest you, ask for a lawyer, then do not say anything else.

Contact Our OVI Defense Attorneys

The Law Offices of Saia, Marrocco & Jensen Inc. routinely handles OVI cases and can guide you through this legal nightmare. Depending on your circumstances, we can challenge the initial traffic stop leading to your arrest, look for errors in the BAC test, see if the police handled the test sample correctly, or negotiate for reduced or dismissed charges. We have an attorney available 24/7 to assist you, so call now or complete our contact form for a free consultation.