O'Shea & Associates, Co., L.P.A.

Ohio DUI/DWI Lawyer

800-529-1966

What is driving "under the influence" or "over the legal limit"?

"the defendant consumed some alcohol or drug of abuse, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant's actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed."

Only lawyers and judges could come up with such a long and convoluted definition. However, this is generally the instruction given to juries when they deliberate in a DUI/DWI trial.

In Ohio, even if you are not "under the influence," you may still be guilty of a alcohol related crime if you are "over the legal limit." Driving over the legal limit is not the same as driving under the influence" (although the two may certainly occur at the same time and one may be charged and convicted of both). As you are probably aware, a person can be over the legal limit without that level of alcohol impairing the person's ability to drive (or do other things) appropriately. Conversely, a person can be under the legal limit and still have that level of alcohol impair that person's ability to drive (or do other things). In Ohio, the legal limit for persons 21 and over is any of the following:

• .08% (by weight) for blood, or

• over .08 of 1 gram (by weight) per 200 liters of for breath, or

• .14 of a gram (by weight) per 100 milliliters of urine.

For persons under 21 it is even less (e.g. .02% (by weight) for blood.)

It is possible to be charged with both being under the influence and driving over the legal limit, and it is possible to be convicted of both. However, if one is convicted of both (for the same incident), then he can only be sentenced for one. Most times a person is arrested for a DWI offense, they are charged with both. This way the police and the prosecution have two shots at a conviction.

Michael J. O’Shea is the current principal and owner of the Lipson O’Shea Legal Group.  Prior to joining with Mr. Lipson, Mr. O’Shea ran his own successful solo legal practice in the general areas of personal injury (including the prosecution of lead paint poisoning cases), criminal justice (with a specific concentration in DUI/OVI/traffic defense), domestic relations and small business litigation..  Mr. O’Shea and his legal team continue the value, loyalty and tradition of Lipson O’Shea’s reputation with clients and their families.

Mr. O’Shea has been a licensed attorney for 24 years, is a former felony prosecutor for Cuyahoga County, and still serves as the City Prosecutor in a Cleveland suburban community (where he prosecutes DUI/OVI/traffic and misdemeanor matters).

Mr. O’Shea has been a presenter for a number of local continuing legal education programs on the subject of DUI defense and prosecution.  The programs are designed to educate lawyers who need or want to learn more about this subject.   Mr. O’Shea is currently the president of the Northeastern Ohio Municipal Prosecutor’s Association, an association of the municipal prosecutors in the northeastern portion of Ohio.     Mr. O’Shea is also currently a trustee in the West Shore Bar Association, a legal association of lawyers in the western suburbs of Cuyahoga County Ohio.

Mr. O’Shea is also a proud board member with Our Lady of the Wayside, an organization which serves a number is mentally disadvantaged children and adults in Northern Ohio -and you all should give to this great organization when you can.  Mr. O’Shea is also a disaster action team volunteer with the Greater Cleveland Chapter of the American Red Cross – and you all should also give to this great organization when you can.