DUI stands for "Driving Under the Influence of Alcohol and/or Drugs." By statute, the offense is now referred to as "Operating a Vehicle Under the Influence of Alcohol and/or Drugs" (OVI). Another term that many people use is "drunk driving." The latter term is misleading, however, as a person does not need to be drunk or intoxicated to be guilty of Operating a Vehicle Under the Influence.

The offense is defined as operating a vehicle while under the influence of alcohol, or a drug or drugs of abuse, or a combination thereof, to the extent that the person's mental and physical capacity, and thereby his/her ability to drive a motor vehicle, is impaired to an appreciable extent. The offense is also committed if a person operates a vehicle with a certain level of alcohol and/or controlled substances in his/her system as determined by an appropriately administered blood, breath or urine test given within 3 hours of the time of the violation. It is unlawful for any person who has 0.08% or more, by weight of alcohol in his or her blood, to drive a vehicle. It is also unlawful for a person to drive a vehicle with a certain concentration of one or more designated controlled substances in his or her blood or urine.

In order to found "Guilty" and convicted of this offense, the Prosecutor must prove, beyond a reasonable doubt, that the person charged operated a vehicle while under the influence of drugs or alcohol, or a combination thereof. The State will usually attempt to prove its case through the testimony of the arresting police officer who will testify as to his/her observation of the person arrested, including how they may have performed on certain field sobriety/coordination tests the officer may have asked the person to perform at the scene. In addition, the Prosecutor will attempt to admit the results of any blood, breath or urine tests that were taken, assuming that the results of the test revealed a BAC of .08 or above; or in the case of testing for a controlled substance, a certain level proscribed by law.

The State must establish that the arresting officer had a reasonable and constitutionally sufficient basis for initially having contact with the driver, and that the officer had probable cause to arrest the driver for the offense of Operating a Vehicle Under the Influence of Alcohol.

PENALTIES UPON CONVICTION
If a person is convicted of Operating a Vehicle Under the Influence, there are certain mandatory, minimum penalties and certain potential maximum penalties. The mandatory, minimum penalties increase if a person has previously been convicted of one or more offenses of Operating a Vehicle Under the Influence of Alcohol within the past 6 years. Even for a first conviction, the penalties will include a license suspension, fines and jail or mandatory attendance in an approved alcohol program. A conviction for Operating a Vehicle Under the Influence of Alcohol also will result in higher automobile insurance premiums, 6 points on your BMV record (12 points within 2 years results in a separate license suspension by the BMV), and the obligation to pay a License Reinstatement Fee to the BMV upon termination of the Court's suspension.

If someone was injured as a result of an accident occurring while the driver was under the influence, the driver may be charged with a felony. In addition, if a person has 3 previous convictions for OVI in the past 6 years, the 4th offense may result in being charged with a felony.

WHAT TO DO IF YOU ARE STOPPED FOR OPERATING A VEHICLE UNDER THE INFLUENCE

1. Stay inside your vehicle.
2. Have your driver's license, insurance card and registration ready for the police.
3. Be polite, but do not answer any questions.
4. Ask to speak to an attorney.
5. Do not volunteer any information or engage in small talk.
6. Decline to perform any field sobriety/coordination or balance tests.
7. Do not consent to the police searching your automobile.
8. If you are arrested, do not resist being handcuffed and placed in the police vehicle, and continue to be polite.
9. Ask again to speak to an attorney when you get to the police station.
10. Do not answer any additional questions.
11. As soon as you are released, attempt to go to a hospital or doctor and insist that the hospital obtain a blood sample and perform a test for ethanol, and if applicable, controlled substances.

SHOULD I TAKE THE BREATH TEST/PROVIDE URINE SAMPLE/ PROVIDE BLOOD TEST?
In Ohio, a refusal of the officer's request that you submit to a breath, urine or blood test will subject you to an automatic license suspension and more substantial penalties if you are convicted. If you do submit to such a test and the result is over the legal limit, however, it is often more difficult to successfully defend the case.

DO I NEED TO HIRE AN ATTORNEY IF I AM CHARGED WITH DUI/OVI OR ANOTHER SERIOUS TRAFFIC OR CRIMINAL OFFENSE?
Every person has the right to represent himself if charged with any traffic and/or criminal offense. There are, however, serious potential consequences of being convicted of any traffic or criminal offense, including possible or mandatory jail or prison time, fines, driver's license suspension, community control sanctions and a resulting criminal record. If you are unfortunate enough to have been charged with such an offense, you should seek the advice of a qualified and experienced attorney.

Your case will be prosecuted by a prosecutor, who is a lawyer trained in the law and duty-bound to seek your conviction. Neither the Judge nor the prosecutor has any duty to provide you with legal advice nor to assist you with your case. You need the assistance of a qualified, well trained and experienced attorney to advise and assist you with your defense.

DRIVING UNDER SUSPENSION
Driving Under Suspension (DUS) is a first degree misdemeanor and punishable by up to 6 months in jail, a $1,000.00 fine and additional license suspension. Under certain circumstances, it may be a felony. In addition, under certain circumstances, a conviction for Driving Under Suspension may result in a mandatory minimum period of incarceration.

Driving Under Suspension is a serious charge and you should consider retaining an attorney to represent you if you are charged with such an offense.

OTHER SERIOUS TRAFFIC OFFENSES
There is an entire section of the Ohio Revised Code which sets forth traffic laws and otherwise regulates the operation of motor vehicles in Ohio. Some of these offenses, such as leaving the scene of an accident, are first degree misdemeanors punishable by up to 180 days in jail, $1,000.00 fine and mandatory license suspension. In addition, even traffic offenses such as speeding or failing to stop at a Stop sign, although generally only punishable by a fine, may be charged as a more serious offense if there have been other moving violations within the past year, and will constitute points on your record with the Bureau of Motor Vehicles. When a person accumulates 12 points within a 2 year period of time, their license will be suspended by the Bureau of Motor Vehicles for 6 months. Various requirements will need to be complied with in order to regain driving privileges at the expiration of the 6 months and special proceedings will need to be filed in order to attempt to obtain any driving privileges during the term of the suspension.

For these reasons, you may want to consult with an attorney.