- July 7, 2016 |
- Category: DUI and Courtroom Process
Don’t drive while impaired.
Because the DUI laws in Ohio are complicated, most people don’t realize that it is perfectly legal to drive an automobile after the consumption of alcohol. Quite simply, drinking and driving, in and of itself, is not illegal. That being said, Ohio residents should be aware that it is illegal to drive when they drink to the point of impairment. So what does impairment mean in the context of a DUI? How much is too much? In short, Ohio DUI/OVI jury instructions says that “under the influence” means the consumption of enough alcohol to adversely affect and appreciably impair the DUI driver’s actions, reactions, or mental processes Did the amount of alcohol consumed deprive a DUI driver of the clearness of intellect and control of himself which he would otherwise have possessed? The question is not how much alcohol would affect an ordinary person, but rather, what effect did the alcohol consumed by the particular driver have on him. If the consumption of alcohol affected the DUI driver’s nervous system, brain, or muscles so as to impair, to an appreciable degree, his ability to operate the vehicle, then the defendant was under the influence.
Don’t drive with a blood alcohol concentration of .08 or higher as measured by a breath test.
This provision of Ohio DUI law adds another level of complexity and confusion for Ohio drivers. Most people recognize that it is illegal to get wildly intoxicated and drive an automobile in the state of Ohio. However, most Ohio drivers don’t realize that they can be convicted of DUI charges even when they are not intoxicated. Ohio DUI laws prohibit operating a motor vehicle with a blood alcohol concentration of .08, as measured by a breath test, regardless of the driver’s level of impairment. That means a person can feel and appear completely sober, but if their BAC has risen to a “per se” level, they can still be charged and convicted of a DUI/OVI. So how many drinks is too many? This is where things get really complicated. In an answer, there are no definitive rules that will tell you exactly what your BAC will be given a certain number of drinks. Many factors impact BAC, including the DUI driver’s age, gender, body type, fat/muscle content, metabolism, emotional state, intolerance to alcohol, medications taken, food consumed, diabetic conditions, strength of the drinks and the rate of consumption.
Don’t drive if you’ve consumed even a moderate amount of alcohol.
While burdensome, arranging for a ride ahead of time, utilizing a designated driver or calling an Uber at the end of the night are extremely effective strategies to avoid a DUI/OVI arrest in Ohio. However, if you’ve already been arrested for a DUI in Ohio, retaining a top DUI defense lawyer is the best way to avoid a DUI conviction. No Ohio DUI arrest is perfect. Most DUI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes. Further, most DUI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI regulations. An experienced Ohio DUI lawyer can navigate the maze of DUI laws, regulations, procedures, certifications, manuals and reports to find legitimate weaknesses in virtually any DUI case.
