Ohio’s DUI law is complex. There are some important general principles that one ought to be familiar with, however. For instance, it’s important to keep in mind that there are not one, but two laws that concern DUI’s. You can be convicted of “Driving Under the Influence,” if an police officer sees empirical evidence which leads him to conclude that you’ve been under the influence of alcohol. Such evidence is usually obtained not just by casual observation but by putting the driver in question through a series of tests to discern their sobriety. Walking the line, reciting the ABC’s, holding your balance on one leg are just some of entertaining roadside activities employed. “Driving with a Prohibited Level of Alcohol in Breath, Blood or Urine,” deals with a different but related offense, namely driving with a prohibited level of alcohol in your system, which is ascertained by testing the driver’s breath, blood or urine.
In short, the first law makes it illegal to operate a motor vehicle while under the influence of either alcohol or drugs. To be convicted no physical evidence of your blood alcohol level needs to be provided. Conviction occurs as a result of a police officer’s assessment of the motor vehicle operator’s driving performance, general appearance and dexterity, and performance in the aforementioned field sobriety tests. The second law is often called a “per se” violation. It basically says that however well you perform in the field tests you still have violated the law if the alcohol content on your breath, or in your blood or urine exceeds the legal limit. In Ohio, you are not permitted to operate a motor vehicle if the alcohol content on your breath is .08 or above. Blood and urine tests are seldom used, and the proscribed levels are different.
Tags: DUI enforcement
