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DUI / OVI 'Impaired' and 'Per Se' In Ohio

https://www.dominylaw.com/drunk-drivi... What's the difference between OVI Impaired and OVI Per Se in Ohio? I'm Shawn Dominy, I'm an OVI lawyer in central Ohio and this video is going to answer that question. OVI, that's what we call it in Ohio, also known as DUI, is often thought as one law. And in a sense it is, but there are two general types of OVI charges, OVI Per Se and OVI Impaired. Let's talk about impaired first, the impaired OVI law says it's illegal to operate a vehicle under the influence of alcohol or drugs, and then under the influence has a specific definition. That means the alcohol or drugs impaired your mental processes, actions, or reactions, and that it affected your brain, nervous system or muscles in a way which would impair your ability to drive. That's why it's called the impaired charge. So when a prosecutor is trying to prove you're guilty of the OVI Impaired charge, they typically use testimony of witnesses, primarily police officers, as well as body cameras, dash cameras, and other evidence. Now let's talk about OVI Per Se. So per se means, by itself, so something which is per se illegal is by itself illegal. So what that means in Ohio OVI law is, it is illegal to operate a vehicle with a prohibited concentration of alcohol or drugs in your blood, breath or urine. And so that means it's per se illegal, even if that's not affecting your ability to drive. So you've probably heard the term over the limit, and you may know that the limit for alcohol in Ohio is 0.08% blood alcohol concentration. Well, we have those kinds of limits or prohibited concentrations for various drugs as well, and the limit depends on the specific drug. Unlike OVI Impaired, where the evidence comes from witness testimony, when we're talking about the evidence for OVI Per Se, it's primarily the result of the breath test, blood test or urine test. I'm often asked, "If I took a test and the result was over the limit, how can I contest an OVI Per Se charge?" The answer is twofold. First, you can contest the admissibility of the results. If the test wasn't done in compliance with Ohio Department of Health Regulations, then the test result is not admissible in court. Second, even if the test result is admissible, you can still challenge the accuracy of the test and the weight that should be given to the test result. And at our firm, we have challenged test in both ways successfully. So what it comes down to with these two charges, if you didn't take a chemical test, you're going to be charged with OVI Impaired and the prosecutor's going to have to prove that you were under the influence. If you did take a test and it's over the limit, the prosecutor is going to have to prove that the test result is admissible, that it's accurate, and that it was over the limit. If you've been charged with OVI Impaired or OVI Per Se or both, we can help. Our firm focuses on OVI defense, and we have expertise in this area. If you'd like to talk to us about how we can help, you can schedule a free phone consultation by calling us at the number on the screen, or by submitting a contact form on our website. In any event, we hope this information has been helpful. For more information on Ohio DUI / OVI issues, see the videos on the Dominy Law Firm YouTube channel, the written information on the Dominy Law Firm website (https://www.dominylaw.com/), the articles on the Dominy Law Firm blog (https://www.columbusoviattorneyblog.c..., and our book: the Ohio DUI/OVI Guide. Dominy Law Firm 7716 Rivers Edge Dr., Suite B Columbus, OH 43235 614-717-1177