A person can be charged with operating a vehicle while under the influence of drugs or alcohol (OVI) even if the vehicle is stationary and not running. Notably, simply being in the driver’s seat while possessing the ignition key or another ignition device is enough to result in an arrest and criminal charges. This is because the presumption is that you have been, or about to, drive while under the influence of drugs or alcohol.
Cincinnati Attorney for Physical Control Cases
Despite not driving, you may still be charged with “physical control” of the vehicle, resulting in an OVI charge.
The Wieczorek Law Firm, LLC has been led by a former Ohio prosecutor since 2008 and is ready to help build your case against OVI charges. If you or someone you know has been charged with an OVI case involving physical control, contact Mark Wieczorek today.
Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of APC OVIs in Ohio
- Physical Control OVIs under Ohio Law
- Key Elements of a Physical Control OVI Case
- Defenses to Physical Control OVI Charges
- How Physical Control Differs from Other OVI Charges
- Special Considerations in Juvenile Physical Control OVI Cases
- Can Someone Be Charged with a Physical Control OVI in a Non-Traditional Vehicle?
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Physical Control OVI Cases in Hamilton County, OH
Physical Control OVIs under Ohio Law
The laws governing a physical control OVI in Ohio are outlined in Ohio Revised Code Section 4511.194. Under this section, “physical control” is defined as being in the driver’s seat of a vehicle or similar conveyance, such as a streetcar or trackless trolley, and having possession of the ignition key or other ignition device.
Physical Control While Under the Influence
Under Ohio Revised Code Section 4511.194, a physical control refers to being in the driver’s seat of a stationary vehicle with possession of the ignition key or other ignition device. If a person is under the influence of alcohol, drugs, or a combination of both, they can face charges even if the vehicle is not moving. A physical control OVI is classified as a first-degree misdemeanor, carrying penalties such as up to six months in jail, fines ranging from $375 to $1,075, and a mandatory Class Seven driver’s license suspension for six months to three years. Additional penalties may include mandatory participation in alcohol or drug treatment programs.
Physical Control OVI with Elevated Blood Alcohol Concentration (BAC)
When a person’s BAC exceeds 0.17%, penalties for APC OVI increase. In addition to the standard penalties, offenders may face enhanced sanctions, including longer jail sentences and higher fines. Courts may also require the installation of an ignition interlock device, restricting the offender’s ability to drive without first passing a breath test.
Physical Contol OVI While Using Controlled Substances
If a person is found in physical control of a vehicle while under the influence of controlled substances, as defined by Ohio Revised Code Section 4511.19(A)(1)(j), they may be charged with a physical control OVI. Penalties include the same fines, jail time, and license suspensions as alcohol-related OVI offenses. However, if the substance was legally prescribed and used properly, the defendant may qualify for an exception.
Key Elements of a Physical Control Case
To determine guilt for a physical control OVI, a jury considers several key elements based on Ohio Revised Code Section 4511.194:
- Physical control: The defendant must be in the driver’s seat and possess the ignition key or device, even if the vehicle is not moving.
- Impairment: Evidence of impairment due to alcohol or drugs is critical. This includes observations by law enforcement officers, such as slurred speech, unsteady movements, or the smell of alcohol.
- Chemical test results: BAC levels or the presence of controlled substances may be introduced as evidence.
- Time and circumstances: The context, such as whether the person intended to operate the vehicle or was simply resting in it, may also be evaluated.
The jury’s determination hinges on whether the prosecution can prove beyond a reasonable doubt that the defendant met these elements at the time of the alleged offense.
Defenses to Physical Control OVI Charges
Key Not in the Defendant’s Possession
A critical defense is proving the defendant did not have possession of the ignition key or device. If the key was in the trunk, held by another person, or otherwise inaccessible, the charge may not meet the statutory definition of “physical control.”
Lack of Impairment
If the defendant’s behavior or test results do not clearly show impairment, this can be a strong defense. Field sobriety tests may be challenged if they were not conducted according to National Highway Traffic Safety Administration guidelines. Additionally, blood or breath test results may be disputed if there were procedural errors, equipment malfunctions, or sample contamination.
No Probable Cause for Investigation or Arrest
The defense may argue that law enforcement lacked reasonable suspicion or probable cause to initiate the investigation. For example, if the officer stopped the defendant without observing suspicious behavior, any evidence obtained after the stop could be excluded.
How Physical Control Differs from Other OVI Charges
Physical Control OVI cases differ from other OVI charges primarily because it does not require evidence that the vehicle was moving or in operation. Under Ohio Revised Code Section 4511.194, a person can be charged with a physical control OVI if they are simply in the driver’s seat of a vehicle with possession of the ignition key or another ignition device, regardless of whether the car is running or has been driven. In contrast, traditional OVI charges, governed by Section 4511.19, generally require proof that the person was operating the vehicle while impaired.
Special Considerations in Juvenile Physical Control OVI Cases
Juveniles charged with a physical control OVI face unique legal processes and penalties. Their cases are handled in juvenile court, which focuses on rehabilitation rather than punishment. However, penalties may still include license suspension, mandatory drug or alcohol education programs, and community service. A key difference for juveniles is the lower BAC threshold—0.02%—under Ohio Revised Code Section 4511.19(B)(3), which reflects a zero-tolerance policy for underage drinking and driving. Parental involvement and consent are often required for legal proceedings and chemical testing.
Can Someone Be Charged with a Physical Control OVI in a Non-Traditional Vehicle?
Ohio law broadly defines “vehicle” to include motorized and non-motorized forms of transport, such as scooters, golf carts, and bicycles, under Ohio Revised Code Section 4511.01(A). Therefore, a person could be charged with a physical control OVI while in physical control of one of these vehicles. For example, sitting on a parked golf cart with the ignition key while impaired could result in charges. However, certain exceptions, such as stationary equipment not intended for transportation, may apply.
Frequently Asked Questions
- Can someone be charged with a Physical Control OVI if the vehicle wasn’t moving?
Yes, under Ohio Revised Code Section 4511.194, an individual can be charged if they are in the driver’s seat with possession of the ignition key or device, even if the vehicle is stationary. - What does “physical control” mean?
Physical control signifies being in the driver’s seat of a vehicle or similar conveyance while possessing the ignition key or another ignition device. - Is a running engine required for a Physical Control OVI charge?
No, the engine does not need to be running. Simply having the capability to start the vehicle can suffice. - Can someone be charged for sitting in their car while intoxicated to avoid driving?
Yes, even if the intention was to avoid driving, the act of sitting in the driver’s seat with access to the keys can lead to charges. - Does a prescription medication exemption always apply?
No, the exemption only applies if the medication was used as prescribed. Impairment or improper use can still result in charges. - What are the penalties for Physical Control OVI in Ohio?
Penalties include fines, possible jail time, and a suspension of driving privileges under Ohio Revised Code Sections 4511.194 and 4510.02. - What is the difference between Physical Control OVI and regular OVI?
Regular OVI involves actual driving, while physical control OVI focuses on control of the vehicle without movement. - Can someone refuse a chemical test for Physical Control OVI?
Yes, but refusal may result in an Administrative License Suspension under Ohio’s implied consent law. - Will a Physical Control OVI conviction stay on a person’s record?
Yes, an physical control OVI conviction will remain on record and may be treated similarly to a traditional OVI in terms of future consequences.
Additional Resources
- Ohio Revised Code Section 4511.194 | Having Physical Control of Vehicle While Under the Influence – This official source provides the specific laws in Ohio about physical control of a vehicle while under the influence of alcohol or drugs. It explains what constitutes physical control, details prohibited conduct, outlines potential penalties, and mentions exceptions for prescription medications when used properly.
- Cincinnati Police Department Procedure 12.235 | Operating a Vehicle Under the Influence (OVI): Processing & Arrest – This source explains the Cincinnati Police Department’s procedures for processing and arresting individuals charged with OVI, including Actual Physical Control cases. It describes field sobriety testing, chemical test protocols, documentation requirements, and handling of evidence. It also details the administrative license suspension process.
Hire an Attorney for Physical Control OVI Cases in Hamilton County, OH
If you or someone you know has been charged with an OVI case involving physical control, contact Mark Wieczorek today. The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.