There is a chance numerous criminal charges can arise from an OVI arrest. If an officer finds open containers or drugs during the stop, it will likely result in additional charges. Simply sitting behind the wheel of a vehicle while intoxicated can also result in additional penalties.
Mentioned on this page are just a few of the crimes commonly charged alongside an OVI. Other crimes not mentioned on this page commonly associated with intoxicated driving can include reckless driving and feeling and eluding.
Columbus, OH OVI Defense Lawyer
Being charged with an OVI is already a stressful situation, but when you are faced with additional criminal charges, it becomes even more stressful. Fortunately, Joslyn Law Firm is here to help.
Call to schedule a confidential consultation. Joslyn Law Firm defends those accused of OVI and related crimes in central Ohio counties such as Franklin County, Delaware County, Union County and Madison County.
- Physical Control vs. OVI
- Open Container in a Vehicle
- How is Possession of a Controlled Substance Charged in Ohio?
- Additional Resources
Physical control and OVI are similar charges. They both involve being intoxicated by alcohol or drugs, but with one factor setting them apart. To be arrested for an OVI, you must have operated a motor vehicle while under the influence. Physical control, on the other hand, doesn’t require the vehicle to be in motion.
You can be arrested for physical control for simply being in the driver’s seat of a vehicle while intoxicated. According to section 4511.194 of the Ohio Revised Code, physical control is being in the driver’s position of a vehicle while in possession of the vehicles keys or ignition device.
Let’s assume you are too drunk to drive home, so you decide to sleep the buzz off in your car. You get in the driver’s seat and fall asleep with the keys in your pocket. Soon the police are tapping at your window and asking you to step out of the vehicle. Even though you didn’t operate the vehicle, or even start it, you will still be arrested and charged with physical control because the keys were in your possession. If you ever decide to sleep a buzz off in your car, it’s best to do so in the back seat.
Physical control is a first-degree misdemeanor punishable by up to 180 days in jail, a fine up to $1,000 and a license suspension for up to a year.
It’s illegal for Ohio drivers and passengers to have open containers of alcohol in a vehicle. It doesn’t matter if the vehicle is moving or stationary, you will still be charged with the crime if open containers of alcohol are found in your vehicle.
Being found with an open container during an OVI arrest will result in a minor misdemeanor in addition to the charges for OVI. A minor misdemeanor is punishable by a fine of up to $150.
The penalties and charge for open container in a vehicle will be elevated if it’s discovered you consumed alcohol in the vehicle. Consuming alcohol in a vehicle is a fourth-degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250.
Most equate OVI with alcohol, but the crime can also be committed while under the influence of drugs. A crime commonly charged alongside an OVI involving drugs is possession of a controlled substance.
There are thousands of drugs classified as a controlled substance in Ohio. Drugs commonly associated with possession include marijuana, heroin, Xanax, cocaine and fentanyl. Aside from marijuana, possessing even the smallest amount of any controlled substance is charged as a felony. The extent of the charge will depend on the drugs and its amount.
Visit our page over possession of a controlled substance for a complete list of penalties for the crime.
Open Container | Ohio Revised Code – Follow the provided link to read the section of the Revised Code governing open containers in a vehicle. You can read the precise legal definition of the crime, find out where open containers of alcohol are permitted and when open bottles of wine can be in a vehicle.
Physical Control | Ohio Revised Code – Visit the Ohio Laws and Rules website to read the section of the Revised Code over physical control. You can read the precise definition of the crime and what happens when a minor is found in violation of the statute.
Columbus, OH DUI Defense Attorney
Being charged with additional OVI related crimes will result in increased fines and more time behind bars. Exercise your right to legal counsel and contact Joslyn Law Firm. Call to schedule a confidential consultation.
Joslyn Law Firm defends those accused of OVI and related crimes in counties throughout central Ohio including Pickaway County, Fairfield County, Licking County and more.