What Is the Difference Between DUI and OVI in Ohio?
What Is the Difference Between DUI and OVI in Ohio?
If you’ve been arrested for impaired driving in Ohio, you may be confused by the terminology used in your case. Many people are familiar with the term DUI (Driving Under the Influence), but in Ohio, the charge you’re more likely to face is OVI (Operating a Vehicle Impaired). While the two terms are related, they are not identical—and the differences can have a major impact on your case.
Understanding how Ohio defines OVI and how it differs from DUI is critical if you’re facing charges in Cleveland or anywhere else in the state.
What Is DUI?
DUI stands for Driving Under the Influence and is commonly used in many states to describe operating a vehicle while impaired by alcohol or drugs. DUI charges are typically tied to a driver’s blood alcohol concentration (BAC) being at or above the legal limit.
While Ohio recognizes the term DUI in conversation, it is not the primary legal charge used under Ohio law.
What Is OVI?
OVI stands for Operating a Vehicle Impaired, and it is the official charge used in Ohio. OVI laws are broader than traditional DUI laws and allow prosecutors to charge drivers even when their BAC is below the legal limit, if impairment can be shown.
In Ohio, you can be charged with OVI if:
- Your ability to operate a vehicle is noticeably impaired
- You are under the influence of alcohol, drugs, or a combination of both
- You have a prohibited concentration of alcohol or drugs in your system
This broader definition gives law enforcement more discretion when making arrests.
Why Ohio Uses OVI Instead of DUI
Ohio uses the term OVI because it focuses on impairment, not just driving. The law applies to operating a vehicle—which can include situations where the car is not moving but is capable of being driven.
This means you could face an OVI charge even if:
- You were not actively driving
- Your BAC was under 0.08%
- Drugs or prescription medication affected your ability to operate a vehicle
Can You Be Charged With OVI Below the Legal Limit?
Yes. One of the most important differences between DUI and OVI in Ohio is that a specific BAC level is not always required. If an officer believes your ability to operate a vehicle was impaired, an OVI charge may still apply.
Evidence used in these cases often includes:
- Field sobriety test results
- Officer observations
- Dashcam or bodycam footage
- Chemical test results
Because of this, OVI cases often hinge on how evidence is collected and presented.
Do OVI and DUI Carry the Same Penalties?
In Ohio, OVI penalties can be severe and may include:
- Driver’s license suspension
- Fines and court costs
- Mandatory alcohol education or treatment
- Possible jail time
- Ignition interlock device requirements
Penalties increase for repeat offenses, high BAC levels, or aggravating circumstances.
Why the Difference Matters for Your Defense
Because OVI laws are broader, defending these cases requires careful analysis of:
- Whether the traffic stop was lawful
- How field sobriety tests were administered
- Whether breath or blood testing equipment was accurate
- Whether officer observations were subjective or flawed
An experienced OVI defense attorney understands how to challenge these factors effectively.
Speak With a Cleveland OVI/DUI Defense Attorney
If you’re facing OVI or DUI charges in Cleveland, Ohio, understanding the difference between these offenses is the first step toward protecting your rights.
At Brockler Law, Attorney Aaron Brockler provides aggressive, personalized OVI/DUI defense. He carefully examines the facts of each case, challenges improper testing and procedures, and fights for the best possible outcome.
