Physical Control of Vehicle While Under the Influence
ORC §4511.194
Physical control of vehicle while under the influence defined:
- Sitting in a driver’s seat
- With possession of the ignition keys
- While in the driver’s seat
In Ohio, if a person has a blood alcohol level of .08 or above and is sitting in the driver’s seat with possession of an ignition key, he or she can be charged with physical control of a vehicle while under the influence of a drug or alcohol. This is determined by blood, urine, or breath tests. This is called a per se offense—it is based entirely on body chemistry and has nothing to do with alcohol interfering with a person’s mental or physical abilities. What makes this charge unique is that a person does not have to be driving or operating a vehicle.
These are only the basics of Ohio impaired driving offenses. These cases are very complicated and include many technical elements. It is important to contact an experienced defense attorney who can fully explain the charges. Further, it is important to have a defense attorney familiar with defending drunk driving cases who will explore potential defenses that may be available.
Potential Penalties
A charge of physical control of a vehicle while under the influence is a misdemeanor of the first degree and it is optional for the court to suspend a person’s driver’s license for a period not to exceed one year.
At Funkhouser Law, we know that not everyone who is accused of physical control of vehicle while under the influence is guilty. As such, we work hard to accomplish the most favorable outcome for each of our clients. If you have been accused of physical control, please call Funkhouser Law for a free consultation with an experienced, peer-rated lawyer.
Real Experiences from Our Clients
Dedicated to Your Defense
-
“- Christy O.
Thank you Doug for your continued assistance with all of our business needs. Your personal contact and attentiveness to our requests are much appreciated. Your dedication and professionalism have truly been effective within all of our business and personal cases.
” -
“For my family, we can count on him whether it is personal or corporate because he is no longer an attorney to our family business but a friend to our family.”- Luke S.
-
“We will always recommend Doug and wish him endless success and prosperity in every challenge he faces.”- LF & TF
-
“I was pleasantly surprised at the level of knowledge, patience and ownership taken while handling my case in front of the necessary people in court.”- T.G.
-
“- John F.
J and I again want to thank you very much for the outstanding professional help that you provided on J’s behalf.
” -
“I sincerely felt like he had my best interests in mind and worked to get a fair and favorable outcome for me.”- C.M.
-
“His character, experience, and work ethic make him an ideal Lawyer.”- Dan R.
-
“You took a lot of the stress out of going to court and working around my schedule.”- David A.
-
“As a lawyer I understood the problems facing me when I was cited for OVI. I knew Doug and his reputation, but still had much trepidation about my case. Through the course of his representation he alleviated these concerns and kept me calm.”- R.B.