Understanding DUI Charges in Ohio: OVI vs. Physical Control
- K. George Kordalis
- May 1
- 3 min read
Updated: Jun 11
If you've ever been pulled over for suspicion of Driving Under the Influence (DUI) in Ohio, you understand how serious the situation can be. Many drivers do not realize the significant difference between an OVI (Operating a Vehicle Impaired) charge and a lesser charge known as Physical Control. Understanding these differences can have crucial implications for your future. In this blog post, we will explore why a Physical Control charge can often be a more favorable outcome and the specific advantages that come with it.
Overview of OVI Charges
OVI charges in Ohio can lead to notable consequences. First-time offenders may face fines ranging from $375 to $1,075, with license suspensions lasting from one year to three years. A conviction can also result in jail time of up to six months. Beyond legal penalties, an OVI conviction creates a permanent mark on your record. This can affect employment opportunities and personal reputation.
In Ohio, a person is charged with OVI if their blood alcohol content (BAC) is 0.08% or higher. However, the law also includes drug impairment. Once charged, the legal process can become complex. It often involves gathering extensive evidence and potentially lengthy court trials.
What is Physical Control?
Physical Control is a lesser-known legal term. It applies when a driver is not actively driving a vehicle but is still considered to be in control. For instance, if you find yourself in the driver’s seat with the keys in the ignition and appear under the influence, you may face a Physical Control charge.
The significant difference lies in the penalties. While both OVI and Physical Control indicate impairment, the latter is often viewed as less severe because it does not involve actively operating the vehicle. This distinction can lead to reduced legal repercussions.
Legal Implications of Physical Control
Opting for a Physical Control charge can lessen the consequences associated with impaired driving. The penalties for Physical Control often include lighter fines—typically ranging from $0 to $1,000—and shorter license suspensions. These usually last from zero days to a maximum of one year, compared to up to three years for an OVI.
The exact penalties depend on various factors like previous offenses and specifics of the incident. Choosing Physical Control rather than OVI can offer a better route for rehabilitation, making it easier to avoid future legal troubles.
Impact on Insurance Rates
Insurance costs differ significantly between OVI and Physical Control charges. An OVI conviction can raise your insurance premiums by as much as 130% or more. Insurers categorize it as high-risk behavior. In contrast, a Physical Control charge may not lead to significant increases in your premiums. This allows you to maintain a more stable financial status.
Insurance companies review your driving history. A cleaner record with a Physical Control charge can save you thousands over time. This makes this option more appealing.
Perception by Employers
Employers often conduct background checks that can reveal OVI convictions. If you have an OVI on your record, securing a job or getting promotions may be more challenging. Potential employers may view this as a serious misjudgment in character.
Conversely, a Physical Control charge might not carry the same weight during these checks. While honesty is crucial when discussing past incidents, having a lesser charge could positively influence how employers perceive your judgment.
Opportunity for Rehabilitation
One significant advantage of choosing a Physical Control charge is the potential for rehabilitation programs. Courts may be more inclined to agree to treatment options aimed at addressing underlying substance abuse problems when Physical Control is involved. These programs emphasize personal growth and healthier choices.
Engaging in treatment can lower the chances of similar incidents across the board. This, in turn, creates safer roads and healthier habits for everyone involved.
Conclusion
Grasping the differences between Physical Control and OVI charges is crucial if you ever face impaired driving charges in Ohio. While both are serious, an OVI conviction can lead to more severe penalties and long-lasting repercussions.
Choosing a Physical Control charge can help you avoid harsher legal consequences. It can also reduce the impact on your insurance rates and improve your employment prospects. Additionally, it opens doors for rehabilitation.
Of course, the best way to handle such situations is always to avoid drinking and driving altogether. Being informed about your options allows for better decision-making should you find yourself in a conflict with impaired driving. Always seek legal advice to ensure you are making the best choices for your circumstances.