Types of OVI ChargesWhat are the Four Types of DUI / OVI Charges in Ohio?

Impaired Offense

Alleges you drove or moved a vehicle and were under the influence of alcohol and/or drugs. Would be cited under Ohio Revised Code Section 4511.19(A)(1)(a) or a similar municipal ordnance. The critical issues will be whether you drove or moved the vehicle and whether the jury is convinced, beyond a reasonable doubt, that your ability to drive was appreciably impaired. Challenges to the legality of the stop, the administration of the SFSTs, PBT results, and custodial questioning will also be important. See The Evidence Against You

Low Tier Test Offense

Alleges you drove or moved a vehicle and at the time the vehicle was last moved you had a blood alcohol level of .08 but below .17, a blood plasma or blood serum level of .096 but below .204, a breath alcohol level above .08 but below .17, or a urine alcohol level of .11 but less than .237. These will be charged under ORC 4511.19(A)(1)(b), ORC 4511.19(A)(1)(c), ORC 4511.19(A)(1)(d) or ORC 4511.19(A)(1)(e), respectively, or a similar municipal ordnance.  The admissibility and the jury’s perception about the accuracy of the test will be the critical issue in the case; while issues related to the chemical test at the time of diving versus the time of the test will also be important in the case.  See The Evidence Against You

High Tier Test Offense

Alleges you drove or moved a vehicle and at the time the vehicle was last moved you had a blood alcohol level of .17 or above, a blood plasma or blood serum level of .204 or above, a breath alcohol level of .17 or above, or a urine alcohol level of .237 or above. These will be charged under ORC 4511.19(A)(1)(f), ORC 4511.19(A)(1)(g), ORC 4511.19(A)(1)(h) or ORC 4511.19(A)(1)(i), respectively, or a similar municipal ordnance.  In addition to the issues related to the “impaired charge” the admissibility and jury’s perception about the accuracy of the test, as well as issues related to the time of diving versus the time of the test, will be the critical issues in these cases. See The Evidence Against You

Criminal Refusal Offense

Alleges that you: 1) have a prior OVI conviction within 20 years, 2) refused a chemical test in the current case and, 3) drove or moved a vehicle and were under the influence of alcohol and/or drugs at the time you moved the vehicle. You would be cited under Ohio Revised Code Section 4511.19(A)(2) or a similar municipal ordnance. The most critical issues are whether you drove or moved the vehicle and whether the jury is convinced beyond a reasonable doubt that your ability to drive was appreciably impaired. Proof that you have a prior conviction within 20 years is also required. The prosecution most also prove,  beyond a reasonable doubt, that you did in fact refuse to provide a sample of breath, blood or urine after the officer properly requested a test and properly advised you of the consequences. See The Evidence Against You

Note. If you allegedly refused a blood or urine test this charge should be challenged on constitutional grounds under Birchfield v. North Dakota.