Central Ohio OVI & DUI Attorneys
The attorneys at Harris & Engler help those who have been charged with drunk driving (OVI) in Columbus, Delaware County, and greater Central Ohio. In Ohio, a DUI is technically called an OVI. If you've been charged with an OVI, you will want an OVI attorney to get you driving privileges as soon as possible. If you're trying to find an attorney to help you with your OVI charge, look no further than the OVI attorneys at Harris & Engler. The drunk driving attorneys at Harris & Engler go after every possible angle to give you the best chance to defeat your OVI charges.Why is it called an OVI in Ohio?
In Ohio, the law has changed for drunk driving over the past 30 years. The crimes commonly known as DUI (Driving Under the Influence), DWI (Driving With Influence of drugs or alcohol), or OMVI (Operating a Motor Vehicle Under the Influence) are now just known as OVI (Operating a Vehicle under the Influence of drugs or alcohol). Driving under the influence laws in Ohio have expanded to be more broad over the past 30 years.Back when drunk driving laws were called DUI in Ohio - you had to actually be driving the vehicle in order to get arrested for a DUI. Then, in 1982, Ohio changed this law so that drunk drivers could be arrested for operating a motor vehicle under the influence (OMVI). This meant that you did not have to actually be driving to get arrested for drunk driving, you just had to be in physical control of the vehicle.
Since 1982, the drunk driving laws in Ohio have gotten even more broad so that you can get arrested for operating a vehicle under the influence (OVI). This more recent law change allowed police to arrest people for operating any vehicle under the influence of drugs or alcohol. The vehicle does not necessarily have to have a motor, but it can be something like a bicycle.
Arrested for OVI in Delaware County Ohio
If you've been arrested for OVI, then there are a number of different possible charges that you could have been possibly arrested under. Your charge will depend on whether you took an alcohol or drugs test, which type of alcohol or drug test, what the results of the alcohol or drug test were, whether you have previously refused to take an alcohol or drug test, and whether you have previously been convicted of a OVI or DUI.In Delaware, Ohio, it is likely that a person arrested for OVI would be charged under Ohio Revised Code section 4511.19. This statute provides in part, as follows:
4511.19 - Operating a vehicle under the influence of alcohol or drugs - OVI.
(A)
(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
...
(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood.
There are many other factors listed for different types of alcohol or drug tests and listing proscribed amounts of certain other named drugs in an arrested person's blood. However, the above listed statutory excerpts are some of the more common charges for someone arrested for OVI. If you have a concentration of .17 or above of alcohol in the whole blood then there are elevated penalties for the DUI violation. Having a Blood Alcohol Content (BAC) above 0.17 is known as a "high test" OVI and it carries double the potential penalties as a first time OVI offense.
Delaware County Ohio is notoriously strict on drunk drivers. If you've been arrested for OVI in Delaware County, then you will ideally want to talk to an OVI attorney before your arraignment date. The attorneys at Harris & Engler are familiar with the local rules in Delaware County and across Central Ohio. If you need an attorney to fight your drunk driving charge, then call Evan T. Engler, an attorney and partner at Harris & Engler, at (614) 610-9988.
Arrested for OVI in Columbus Ohio
If you are arrested for OVI in Columbus, then you could be charged under either Ohio Revised Code 4511.19 or under the Columbus City Code section 2133.01. The Columbus City Code is similar to the Ohio Revised Code prohibition on drunk driving, but slightly different in a few respects. Columbus City Code 2133.01 provides, in part:2133.01(A) - Operating a vehicle under the influence.
(1) No person shall operate any vehicle, streetcard, or trackless trolley within this City, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths (0.08) of one (1) percent or more but less then seventeen-hundredths (0.17) of one (1) percent by weight per unit volume of alcohol in the person's whole blood.
Importantly, pursuant to Columbus City Code 2133.01(A)(1)(a), a person can be charged with an OVI even if a person has a blood alcohol content less than (0.08) if the police find the person to be "under the influence." Section 2133.01(A)(1)(a), or its Ohio Revised Code parallel section, are the usual provisions to charge someone with an OVI who has not taken a blood alcohol test or has refused to take a blood alcohol test. If you have a "high test" OVI or a first time OVI coupled with a refusal to blow (refusal to take a chemical test) then you could face increased penalties or additional charges. If you've been charged with a violation Columbus City Code section 2133.01 or of Ohio Revised Code section 4511.19, then you should speak to an OVI attorney as soon as possible after your arrest.
