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Ravenna OH 44266
Ravenna Phone Number 330.296.8000
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Medina OH 44256
Medina Phone Number 330.722.5151

 

Ohio's DUI law is extremely complex. Many people, including criminal defense attorneys who dabble in DUI law only occasionally, do not have a clear understanding of how it works.

Definitions

Ohio DUI laws prohibit any person from operating a vehicle within Ohio if they are either under the influence or above the prohibited limits. It is a criminal offense.

Let's have a look at the definitions, since they are the key to understanding the DUI law.

  • "Operate" means to cause or have caused movement of a vehicle on any public or private property used by the public for purposes of vehicular travel or parking.
  • "Vehicle" means any device used for transport, including cars, trucks, motorcycles, bicycles, lawn mowers, etc. It does not include motorized wheelchairs or electric personal assistive mobility devices.
  • Ohio's DUI law applies anywhere "within this state", not just on the roads.

When a person is accused of violating Ohio's DUI law, they are typically charged with two violations.

  • First, they are charged with being "under the influence". This particular charge requires the prosecution to prove that the driver's ability to operate the vehicle was impaired, to a noticeable degree, by alcohol and/or drugs. "Drugs" includes prescription medication as well as illegal substances.
  • Second, if the person took a breath, blood or urine test and the test results indicated a prohibited level (of either alcohol or drugs) then the person is typically charged with another DUI violation: Operating with a prohibited level of alcohol and/or drugs.

The prosecution can attempt to prove both "under the influence" and "prohibited level", but the person can only be sentenced on one.

In cases where the alcohol level exceeds .17 or where the driver refuses the test, the penalties are dramatically increased. In cases where the driver refuses the test, the police sometimes file an additional charge of DUI Refusal.

Typically the prosecutor has to prove the "under the influence" charge as part of the DUI Refusal charge.

When a person refuses to take the test in a DUI case, it makes it far more difficult for the prosecutor to prove the case, especially if the driver was pulled over for a purely technical infraction (like No License Plate Light).

On the other hand, a refusal increases the potential penalties if the person is convicted, and causes some judges to be more reluctant to grant limited privileges, etc.

Probable Cause

An officer has to have a valid reason to stop or detain a person. This simply means that the officer has to have a reasonable basis or justification to believe that the person is breaking a law.

Violation of any law will suffice (such as failure to signal a turn). Without a valid reason, the whole case may be thrown out.

Additionally, the officer must have a "reasonable suspicion" that the driver is under the influence in order to arrest for a DUI.

Normally the officer uses his observations to meet this requirement. Additionally, most officers will conduct a series of field sobriety tests to help them make this determination.

  

Field Sobriety Tests

The three standard tests now in use are the Horizontal Gaze Nystagmus test (HGN), the Walk & Turn test and the One-Leg Stand test. The officer must substantially comply with a set of instructions when administering these tests.

Some departments also have portable breath testing devices that can be used at the scene. The results of the portable tests are not admissible in evidence to prove the DUI charge, but are simply meant to assist the officer.

There is no penalty for refusing the field sobriety tests or the portable breath test, although most officers will not be happy.

Who gets to choose the test? Ohio law allows the officer to choose the type of test required. Most officers choose a breath test unless drugs are suspected.

There are many detailed requirements concerning the use of tests in evidence, including proof that the test was taken within 3 hours of the time of the operation of the vehicle (2 hours if you hold a CDL)

Videos

The most important piece of evidence in your case is usually the video recorded from the cruiser dash- camera.

Many departments have dash-mounted video cameras in their cruisers, which are automatically activated when the overhead lights are turned on. However, the officer can manually turn the camera (and the sound) off and on, using a device on his belt.

The camera is usually located just to the right of the rear-view mirror in a small 3-inch box. It can be manually aimed in all directions to record whatever the officer chooses.

The audio track of these dash cams also picks up sound from the officer's lapel microphone as well as a microphone in the roof of the cruiser interior.

For a chart on Ohio DUI Laws by Judge Jennifer P. Weiler, from Garfield Heights Municipal Court, click here Opens link in New Tab or New Browser.
 

If you need the assistance of an experienced criminal defense lawyer in Portage County, Summit County or Medina County, or elsewhere in Northeast Ohio, contact Attorney Dan Weisenburger right now at 330-296-8000. Attorney Weisenburger routinely defends criminal charges in the following courts:

  • Portage County, Ohio: Ravenna Municipal Court, Kent Municipal Court, Portage County Court of Common Pleas, Portage County Juvenile Court.
  • Summit County, Ohio: Akron Municipal Court, Cuyahoga Falls Municipal Court, Summit County Court of Common Pleas.
  • Medina County Ohio: Medina Municipal Court, Wadsworth Municipal Court, Medina Court of Common Pleas.
  • Trumbull County, Ohio: Newton Falls Municipal Court, Warren Municipal Court.
For a list of jurisdictions served by the municipal courts and county courts in Portage County, Medina County, Summit County and Trumbull County, click on the arrow.
All crimes in Ohio are strictly defined by law. For a list of definitions of the most common felony and misdemeanor offenses, click on the arrow.
Disclaimer: The ohiocrimelawyer.com website is designed for general information only. Any information on this site is not to be construed as formal legal advice on criminal or DUI defense, nor formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek personal advice regarding their individual legal issues.
Copyright © 2007 Weisenburger & Gaeckle, LLC. All Rights Reserved. Last Modified: August 18, 2007 11:21 PM