Drivers accused of breaking traffic laws in Ohio might receive a ticket. In more serious cases, they could face arrest and criminal prosecution. One of the most serious and common crimes associated with motor vehicle operation is drunk driving.
Ohio refers to such offenses as operating a vehicle under the influence (OVI) infractions. Other states may refer to similar scenarios as driving under the influence (DUI) offenses. In some cases, defendants face criminal prosecution because they caused crashes. Involvement in a motor vehicle collision can lead to police scrutiny and potentially also criminal charges. Sometimes, drivers get accused of an OVI during a traffic stop, not because of a crash. A significant percentage of those drivers may face per se OVI charges.
What actions constitute a per se OVI offense?
Drivers have an illegal blood alcohol level
State statutes prohibit driving while noticeably impaired by intoxicating substances. Police officers who see drivers swerving or otherwise driving poorly might suspect intoxication because of a motorist’s conduct. Other times, the smell of alcohol or the behavior of a driver during a traffic stop could raise questions about their sobriety.
The law doesn’t just prohibit driving poorly after consuming alcohol or drugs. It also prohibits driving with an elevated blood alcohol concentration (BAC). According to Ohio state statutes, it is illegal to drive with a BAC of 0.08% or higher. Underage motorists and those operating commercial vehicles are subject to even stricter rules regarding their BACs.
The law prohibits driving with an elevated BAC regardless of other factors. Drivers don’t have to cause crashes or demonstrate poor driving ability to be at risk of an OVI charge. An elevated BAC is a crime on its own.
Per se OVI statutes allow prosecutors to bring charges in cases involving failed chemical tests even if drivers didn’t struggle to safely operate their vehicles. A per se OVI offense allows for several different potential defense strategies, depending on the circumstances at the time of their arrest.
Learning more about state rules can help motorists fight back against pending Ohio OVI charges. A successful defense strategy can help people avoid criminal records and penalties that could otherwise affect their lives for years.