Dispelling OVI/DUI Myths

Myth No. 1 – You must be drunk to be guilty of OVI / DUI.

The term “drunk” has no legal standing in Ohio’s OVI law. The charging authority need only prove your consumption of alcohol or drugs appreciably affected your physical and/or mental capabilities or that the chemical test showed a result over the legal limit.

Myth No. 2 – You can make it harder to prove you’re OVI / DUI by refusing to take the breathalyzer.

Implied in your right to drive in Ohio is the “implied consent law.” This law states every person given the right to drive in Ohio agrees to take a chemical test when asked. There are severe penalties for refusing to take the test. Your driver’s license could be suspended for one year, your penalties can be enhanced if found guilty, a 20 year look back could apply, and your commercial driver’s license may be affected.

There may be legitimate reasons for not taking the test, but you should be fully aware of the ramifications of your failure to take the test and compare that with the possible adverse outcome of the test. When in doubt consult an attorney.

Myth No. 3 – The police can demand I take field sobriety tests and the chemical test without consulting an attorney.

This is absolutely untrue. You have a right to counsel. When and where your right to counsel begins during a stop and/or arrest for OVI depends upon the circumstances of the stop and/or arrest. Notwithstanding the circumstances, once you are placed under arrest, you have an immediate right to counsel.

While the police should read you your rights, you must keep your wits about you and specifically state you will not take any further tests or answer any questions without consulting an attorney. At that point, the police must stop all questioning or any testing, giving you reasonable time to contact an attorney. This right to counsel is not unlimited. The police have the right to go forward with a chemical test after giving you reasonable time to contact and consult with counsel. Your refusal to take a test after being given a reasonable amount of time to call an attorney may be considered a refusal to take the test. (See Myth No. 2)

Myth No. 4 – I must be driving the vehicle to be guilty of OVI / DUI.

This is probably the biggest fallacy regarding Ohio’s OVI law. To be found guilty of OVI, the state need only prove that the vehicle was capable of being driven. Convictions have occurred where vehicles were stopped, i.e. car on side of road, not moving; driver found in parking lot, motor stopped, “sleeping it off.” You need not be driving your vehicle to be found guilty of OVI.

Myth No. 5 – You must be driving a car to be found guilty of OVI / DUI.

A “vehicle” is defined as any mode of transportation subject to movement. Convictions have been granted for driving a boat, snowmobile, and even a bicycle.

Myth No. 6 – OVI / DUI is merely a traffic violation. I don’t need an attorney.

A conviction for OVI can have a devastating affect. Beside the penalties involved (See Ohio’s DUI Law), a conviction can affect your insurance, employment, and credit. It can cause your vehicle to be confiscated and sold by the state and could result in a felony conviction! Obviously, OVI is NOT a simple traffic offense. Advice of counsel should always be sought.