When you are arrested for driving a car while intoxicated or under the influence of drugs, it is normally called a DUI (driving under the influence) or a DWI (driving while intoxicated.) In most states, these two acronyms cover all offenses that involve running a vehicle while a person has been chemically impaired. Most DUIs and DWIs include all narcotics and even some prescriptions. They also include all different kinds of vehicles. You don’t have to be driving a car to get a DUI. You can be on a boat, a tractor, or even an electric scooter. Some states will even arrest horseback riders for “driving under the influence” if they are not sober enough to control their steed.

While these laws are current in almost any state, Ohio has branched out. They operate under the OVI laws. OVI stands for operating a vehicle under the influence. The largest difference between a DUI and an OVI is that to obtain an OVI the car does not actually have to be moving. For example, if the keys are in the ignition and you have the intention to drive home while drunk, but have stopped to send a text message first, you can be arrested for an OVI. This special exception to the law allows police to catch more offenders before they are actually a hazard on the road. Many police officers in Ohio will camp out near popular bars and apprehend drivers before the car pulls out of the parking lot.

In Ohio, there is also a special sentence reduction that is called physical control. This is a charge that can be given to a person that is in or near their vehicle while intoxicated but did not pull out yet or even possibly turn on the car. People are charged with physical control if they get into their car and turn it on so that they can take a nap after a night of drinking. The driver may not have intended to drive off, but because he or she had the ability to drive the car, he or she can still be arrested. A person can also be charged with physical control if he or she is in the vehicle while it is not running, but is within arms’ reach of the keys. For example, if a woman hops in her car to add some makeup to her complexion and has the keys sitting in a nearby cup holder, this could merit a physical control arrest.

Ohio law also allows the courts to reduce an OVI to a reckless operation charge in some cases. This is normally when the court decides to dismiss the part of the case that refers to alcohol or drugs and only charge the defendant depending on the traffic offenses that he or she has committed. Ohio is normally generous in granting first time OVI offenders a reckless charge instead. They will want to evaluate your attitude and determine that you are repentant of what happened before granting this favor.

Whether you are charged with a DUI, OVI, or DWI, you will want a local criminal defense attorney on your side to help. Many lawyers specialize in the area of drunk driving defense and will rush to your aid if you are charged with this offense. You will want to locate an accomplished DUI attorney in your area that you can trust to give you the best representation possible. With the right attitude and the right attorney, you may be able to get your sentenced reduced or dismissed altogether if there is not enough evidence to show that you were drunk when driving your vehicle.