DUI/OVI/Traffic

DUI/OVI/Traffic

Commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit set by statute, which supposedly is the level at which a person cannot drive safely. State statutes vary as to what that level is, but it ranges from .08 to .10 for adults, which means a 8/100ths to one-tenth of one percent by weight of alcohol to the weight of blood. This is translated into grams of alcohol per 100 milliliters of blood in tests of blood or urine sample, or grams of alcohol per 210 liters of air in a "breathalyzer" test. A combination of the use of alcohol and narcotics can also be "under the influence" based on erratic driving. Driving on private property such as a parking lot is no defense, but sitting in a non-moving vehicle without the ignition on probably is (sometimes resulting in a charge of "drunk in and about a vehicle"). This is a misdemeanor and is variously referred to as DUI, driving while intoxicated (DWI), drunk driving, or a "deuce".

There are different types of DUI charges and ways to face a DUI offense. For example, drugged and drunk driving laws are not limited to motor vehicles. You may face a DUI charge while riding a moped, a bicycle, or a watercraft.

Newly branded OVI offense, Ohio law has removed the “motorized” component of this offense. This is the most expansive of terms used by Ohio to date for the offense of drunk driving. When a jury is given the definition of the offense they are deliberating, there is much less for them to have to question or debate, making a prosecutor’s chance of conviction greater than in previous iterations of this offense.

Ohio defines OVIs as:

  • Driving a vehicle with a blood alcohol content of 0.08% or beyond or a urine alcohol concentration of 0.1% or higher.

  • Driving with a particular specification of certain kinds of controlled substances in the body.

  • Driving while impaired by alcohol or any controlled substance, regardless of amount.

Traffic Infractions

Many driving-related offenses are classified as . A traffic infraction is the least serious traffic offense and is typically defined as an act or omission that's prohibited by law but isn't a crime. Common examples of infractions include:

  • speeding

  • failing to stop or yield

  • failing to signal

  • operating a vehicle without proper lighting, and

  • seat belt violations.

Traffic Infractions are strict liability offenses, meaning a motorist can be convicted of the infraction regardless of intent.

In many jurisdictions, traffic infractions are further categorized as moving and nonmoving violations. Moving violations are typically more serious than nonmoving violations. Speeding and running a red light are examples of moving violations. Nonmoving violations include offenses related to illegal parking and defective equipment on the vehicle.

Reckless Operation

Operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime. A "wet reckless" is a plea in a drunk driving prosecution allowed to lessen the penalty when the blood alcohol level is close to the legal limit.

Examples of Reckless Operation include: Going too fast for the conditions, even though within the posted speed limit, driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime.

CDL License Offenses

When it comes to CDL disqualifying offenses, there are two different kinds: major offenses and minor offenses. While you’ll get your license suspended, either way, major offenses have harsher penalties than minor ones. It’s also important to note that a driver’s disqualification period is determined not only by the offense but by their record of prior offenses, making it all the more important to stay safe on the road.

Examples of CDL License Offenses include: Driving Under the Influence of Alcohol, Driving Under the Influence of Illegal Drugs, Transportation or Possession of Narcotics, Unlawfully Leaving the Scene of an Accident, Causing a Death, Committing a Felony Using a Commercial Motor Vehicle, Driving a CMV with a Suspended or Revoked License, Excessive Speeding, Reckless Driving, Operating a CMV without a CDL, Texting While Driving.