The Biggest DUI Trap

If you want to avoid making matters worse, learn about these DUI traps. Falling for these traps can be disastrous. We can help you beat an OVI in Lima, Ohio!

10/14/20221 min read

To test or not to test, that is the question. For some OVIs the defendant submits a sample (breath, blood, or urine) which through a chemical analysis a concentration of alcohol (or other substance of abuse) is obtained. For other OVIs the defendant refuses to submit to a chemical test. Most people in Ohio are aware that for adults the permissible blood or breath alcohol concentration (or BAC) when operating a motor vehicle is .08. Unfortunately, most people do not understand what this means or how the legal limit of .08 corresponds to their perception of impairment at the time of their arrest. I have had numerous clients tell me that they did not believe they were driving impaired when they were charged because they were not engaging in “drunk” driving. They only went out to dinner or to the bar after work and had three beers over the course of a few hours. Because they did not believe they were “drunk” driving, they submitted to a test that gave a reported BAC higher than .08. The biggest misconception when it comes to Ohio’s OVI (DUI) law is that it is only against the law to drive while “drunk” and that a BAC level of .08 corresponds with drunk driving. This is simply not the case. Ohio’s OVI law prohibits “impaired” driving, whether the impairment be caused by alcohol, illegal drugs, or even prescription medication. This is a lower burden than “drunk” driving. Further, many people who may honestly believe they are not impaired by alcohol test over the legal limit of .08 if given a breath test. Hopefully you have two “take aways” from this post. The first is that you do not have to be “drunk” to be cited with an OVI. The second is that if you submit to a chemical test to determine BAC and you have consumed any alcohol at all, you run the risk of having a failed test.

Attorney Scott Kelly has represented 1000s of clients in courts throughout west central Ohio. Before you get behind the wheel, please take the above advise into consideration. If you think you might be over the legal limit, you likely are.