Can I Get An ALS Suspension On A Physical Control Charge?
If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI). The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at the time of arrest for OVI, or OVUAC when the driver refuses to take the chemical test or takes it and has an alcohol concentration in his whole blood of .08%, blood serum or plasma of .096%, breath of .08%, or in his urine of .11 grams.
The BMV imposes an Administrative License Suspension at the time of arrest for a violation of 4511.194 when the driver refuses to take the test. If the driver takes the chemical test, no Administrative License Suspension is imposed. ORC §4511.191(C)(1). So go ahead and take the test only if you are sure that you are not being charged with DUI!
Physical Control of a Vehicle While Impaired (O.R.C. 4511.194) is the offense of being intoxicated while in control of a car, but not having caused the vehicle to move. If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving). Thus the legal analysis will turn on whether on the prosecutor can prove you “operated” your car. “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move. See Cincinnati v. Kelley, 47 Ohio St. 2d 94, 351 N.E.2d 85 (1976).
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
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