O'Shea & Associates, Co., L.P.A.
Ohio DUI/DWI Lawyer
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What is driving "under the influence" or "over the legal limit"?In Ohio, driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. Although you hear much more about "alcohol-related" incidents, one can be convicted be "under the influence" if a jury determines that:
"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."
800-KICK DUI
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.)
800-KICK DUI
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.
800-KICK DUI
800-KICK DUI