Cleveland DUI/OVI Attorney

Understanding Ohio’s DUI/OVI Laws

Being charged with driving under the influence of alcohol or drugs (DUI) can have a serious impact on your life. Individuals arrested for driving under the influence are often overwhelmed and have a difficult time understanding all the legal terminologies that apply to their cases. Hiring an attorney from Mastandrea Law, LLC can help ensure you have all the knowledge you need to navigate the court system confidently.

If you have been arrested for driving under the influence or operating a vehicle impaired (OVI), reach out to our Cleveland DUI/OVI attorney right away. We can help you understand your legal rights and options during a free and confidential consultation.

Call (216) 306-5105 or contact us online to get started. 

What Is the Difference Between DUI, OVI & DWI? 

DUI, OVI, and DWI are all various terms that apply to the crime of operating a motor vehicle while under the influence of or impaired by alcohol or drugs. Different states refer to this crime differently, and some states have multiple driving under the influence laws, which may be referred to by slightly different names. 

Below is an overview of the difference between DUI, OVI, and DWI: 

• DUI: DUI stands for “driving under the influence.” 
• OVI: OVI stands for “operating a vehicle impaired.”
• DWI: DWI stands for “driving while intoxicated.”

Although some states refer to each of these as a different crime, Ohio technically refers to these arrests as OVI. Conversely, DUI, OVI, and DWI are all loosely applied to any arrest involving drinking and driving.

If you are ever arrested for driving under the influence in Ohio, you will want to educate yourself on the basics of the Ohio state OVI laws. Additionally, you will want to consult a reputable defense attorney who can assist you throughout your case to ensure the best outcome. Exercising your constitutional right to representation can help you determine which legal defenses are available to you. Additionally, hiring an attorney will help ensure you are properly represented in court. 

The DUI/OVI Process

In Ohio, a person can be charged with driving under the influence (DUI) or operating a vehicle while impaired (OVI). Most Cleveland residents understand DUI charges as applying to cars but fail to realize that they can extend to include any type of vehicle a person can operate. 

Ohio’s expanded definition of a vehicle includes the following:

Although it may sound simple in and of itself, a vehicle must be operated for a DUI charge to be applicable. Operating a vehicle does not only mean that the vehicle is being driven. A person can be charged with DUI/OVI if they fall asleep behind the wheel of a vehicle or if they stop on the side of the road to rest. Although these crimes are not as serious as actually driving while under the influence of alcohol or drugs, they can result in lesser charges that carry the possibility of fines, jail time, and the suspension of a driver’s license.

What Is the Legal Limit in Ohio?

The legal blood alcohol concentration (BAC) limit for Ohio drivers over 21 years of age is 0.08 percent—individuals with BACs over 0.170 percent face more severe fines and punishments. For individuals under 21 years of age, the limit is 0.02 percent. 

A person in Ohio does not have to be intoxicated to be arrested for driving under the influence. Individuals that fall below the legal limit can still be charged with driving while impaired. To arrest a driver for OVI, the officer must establish probable cause that the driver is under the influence and that they are impaired while driving.

An individual is considered “impaired” if they consume any amount of alcohol. Concerning OVI arrests, it is not a question of how much alcohol would affect their ability to drive, but how much the amount they did drink affected their ability to drive.

If you are arrested for DUI or OVI, it is imperative that you contact a reputable DUI attorney to defend you. A driver’s license is essential to most adults. Do not attempt to represent yourself when so much is at stake. Attorney Rod Mastandrea is well-versed in criminal law and ready to represent you in your DUI or OVI case.