Ohio’s Physical Control Law
Drunk Near A Car, Ohio’s Physical Control Law
The best example of a Physical Control violation is the person who stumbles out of the bar and decides to “sleep it off” in their vehicle. Often times what happens is the person starts the car, either to run the air conditioner or the heater, so the vehicle is actually running, then goes to sleep.
Unfortunately, one need not have the car running or even have the keys in the ignition in order to be in violation of O.R.C. 4511.194, Ohio’s Physical Control law. Under the Ohio Physical Control statute, having the keys within reach will satisfy the definition of having “physical control.” The physical control statute was essentially designed to “reward” or rather, not punish as severely, the person who drinks too much (or uses drugs of abuse) and then gets into their car, but decides not to actually drive. In some other states, driver’s are offered a “safe harbor” defense if they decide to pull over and run the car so as not to freeze to death.