Driving under the influence (DUI) and operating a vehicle under the influence (OVI) of alcohol or drugs are serious criminal offenses that Ohio does not take lightly. When you are facing charges of OVI in Ohio, you need a legal advocate who can protect your rights, examine the evidence the state has against you, and build a powerful defense.
A conviction for, or sometimes simply the accusation of, an OVI can ruin your reputation, destroy relationships between friends and family, and take away your freedom with imprisonment.
With a dedicated and courtroom-proven Columbus DUI lawyer from Koffel Brininger Nesbitt on your side, you can be confident facing the criminal charges you are accused of.
Our legal team has over 30 years of experience defending the accused of many types of criminal offenses, and we have a proven track record of having more than 15,000 satisfied clients. Connect with our criminal defense law firm today for a confidential case evaluation to see how we may be able to assist in your legal defense.
Defining Vehicles in Ohio DUIs and OVIs
Ohio DUI/OVI law makes very specific distinctions between “vehicles” and “motor vehicles.” Having these distinctions makes understanding Ohio’s OVI laws difficult to decipher. At the same time, it is rare to be charged with OVI while you are operating a farm vehicle, construction vehicle, or other non-standard vehicle. Using heavy equipment while under the influence of drugs or alcohol can create a dangerous situation for you and other people on the road.
Statutory Definition of Vehicle
As described by Ohio Revised Code §4511.01(A), the law defines a vehicle as:
“…every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires, or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.”
Statutory Definition of Motor Vehicles
Under section (B) of Ohio Revised Code 4511.01, “motor vehicle” is defined as:
“…every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, electric bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.”
Electrical Personal Assistive Mobility Devices
It is paradoxical that devices moved by human power are exempt from Ohio’s DUI/OVI laws except for bicycles. Therefore, it is illegal to operate a bicycle under the influence, but not a unicycle or tricycle. Effective October 24, 2002, Ohio law exempted the Segway™ and other electric personal assistive devices from the definition of “vehicle”.
This definition contains a double negative, which, although difficult to comprehend, provides the reason that “streetcar” and “trackless trolley” must be mentioned separately in the general OVI prohibition. For these devices, the state has chosen to leave regulation of these devices to local municipalities or other organizations under 2002 Am. Sub. S.B.231.
Whether you have been charged with OVI while operating a non-standard or unconventional vehicle, or you need an experienced and knowledgeable Columbus first offense OVI/DUI lawyer, contact Koffel Brininger Nesbitt and explain the details of your charges so we can properly advise you of what your next steps could be.
For a free legal consultation, call 614-884-1100
Operating Unconventional Vehicles May Not Exempt You from OVI Charges
Beyond mere transportation, human-powered, combustion engine-powered, or electrically powered and driven vehicles can enhance our lives and ignite passions for various pastimes.
There are so many different recreational vehicles that excite and amaze us as individuals, but as with cars and trucks, they can be extremely dangerous if not used in a safe manner.
Like cars and trucks, entire industries, cultures, and enthusiast organizations have sprung up around various off and on-road vehicles that are still subject to Ohio traffic laws and OVI charges, whether on-road or off, including:
Side-by-Sides/UTVs
Also known as utility task vehicles (UTVs), side-by-sides (SxS) have become an enjoyable hobby that grew from people modifying their utility vehicles to not only help transport materials around large properties, farms, or job sites but also to traverse difficult terrain with their friends and family members.
In some rural areas, UTVs may be allowed to use public roadways at certain times as long as they are equipped with safety equipment and lighting comparable to cars and trucks.
Whether you are on a public road or in another public area, side-by-sides are subject to OVI laws. Different counties or towns may allow these vehicles to traverse public lands, but you must still abide by all Ohio traffic laws. This means you may not operate a UTV under the influence of alcohol or other drugs and may be at risk of OVI charges if you do.
All Terrain Vehicle (ATVs), Trikes, and Dirt Bikes
Similar in terms of Ohio traffic laws, these off-road vehicles may be allowed to share certain roads at certain times but are still subject to all local and state laws. Some ATVs and dirt bikes may have the necessary traffic lighting, such as headlights, brake lights, turn signals, and horns, but many locations do not allow them to be used on public roads with impunity.
Even if you have your ATV or dirt bike registered and insured, equipped with the proper safety equipment, and can legally ride it on the roads, you can not operate it while intoxicated.
Trikes, or three-wheeled motor vehicles, are a relatively new class of vehicles compared to traditional off-road vehicles. The on-road versions are legislated similarly to motorcycles, and while Ohio does not require helmets for adults, they are required for individuals under 18 years of age per Ohio Revised Code §4501-17-01.
As with off-road vehicles, it is illegal to operate these vehicles while under the influence of alcohol or drugs that can impair your reflexes and motor functions.
E-Bikes and E-Scooters
Under Ohio Revised Code Section 4511.522, electric bicycles (e-bikes) are classified into three different categories or classes. While some electrically assisted or driven vehicles may be exempted from Ohio traffic laws, e-bikes, as with standard bicycles, are classified as vehicles.
The different classes of e-bikes are defined by the Ohio Department of Transportation (DOT) and are subject to the same laws as human-powered bicycles.
Some e-scooters may be exempt from certain traffic laws and share the road in designated bike lanes but can still be subject to operating a vehicle while impaired laws. Similar to standard bicycles and e-bikes, an exemption from some traffic laws may not be exempt from OVI laws.
Because 2002 Am. Sub. S.B.231 exempted some electric personal assistive mobility devices from the “vehicles” category under Ohio Revised Code 4511.01(A); it does not exempt them from OVI laws, and they must still be operated safely.
Exemptions from the Vehicle or Motor Vehicle Definition
Although 2002 Am. Sub. S.B.231 did exempt some vehicles from standard traffic laws, but it does not exempt them from criminal activity. The goal of this bill was to allow individuals with limited mobility to access sidewalks and roads that would otherwise be impossible for them to navigate. However, if these exempted vehicles are misused or operated while under the influence, OVI laws may still apply.
If you have been charged with OVI while operating an exempted vehicle or off-road vehicle, you could be facing the same criminal penalties as if you were driving a car.
Building a solid defense against the charges you are facing is essential. Retaining a highly knowledgeable and committed Columbus vehicular crimes lawyer should be a priority to avoid the penalties that could come with a conviction.
Boating While Intoxicated Can Carry Similar Penalties as a Vehicle OVI
Spending the day on a lake with friends and family is a hobby that can be an enjoyable and invigorating activity. Many people take immense pleasure in boating and work diligently to buy, maintain, and modify a boat for their whole family to enjoy.
As with other vehicles, though, driving a boat in an unsafe manner or while under the influence of drugs or alcohol can bring dangerous or even deadly consequences.
Under Ohio Revised Code §1547.11, it is illegal to operate any vessel, water ski (jetski), aquaplane, or other personal watercraft while under the influence of alcohol or drugs, including prescription medication that can impair your reflexes and motor functions. Boating may not have the same laws as roadways, but there are still rules for water that must be followed. Ignoring these laws can carry serious penalties and endanger yourself and others around you.
According to the Ohio Department of Natural Resources (ODNR), any boater born after January 1, 1982, must complete a mandatory boater safety course. Depending on the type of watercraft you are seeking to operate, this course will vary in length of time.
If you are facing charges for boating while intoxicated, or your minor child was with friends while drinking underage and driving your boat, you could benefit greatly from the assistance of a Columbus underage DUI defense lawyer.
The Penalties of Boating Under the Influence
Boating under the influence is considered an equivalent offense to an OVI charge in a vehicle according to Ohio Revised Code 1547.11 and may carry the same penalties if you are convicted. These penalties could include a loss of your driver’s license, fines, and jail time, as outlined by the Ohio Supreme Court’s Impaired Driving Law Types of Offense chart.
Not only could your freedom and financial stability be in danger, but the collateral consequences, including revocation of professional licenses, ruined reputation, and damage to relationships, could haunt you for the rest of your life.
If you have been stopped by law enforcement while boating or riding your jet ski, and they suspect you of being intoxicated and you are arrested, remember to exercise your Fifth Amendment right to remain silent and not answer any questions until you have legal representation advising you.
As with many other criminal offenses, the specific details and circumstances matter, and if no one was injured or if this is your first offense, the prosecuting attorney may be willing to make a deal for a guilty plea to a lesser charge, but you will need to convince the court that your mistake will not be repeated.
With a Columbus BMV hearing lawyer from Koffel Brininger Nesbitt working with you, you could minimize the penalties you are facing or have the charges dismissed altogether in some cases.
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Contact Koffel Brininger Nesbitt if You Are Facing Charges of Operating Any Vehicle While Intoxicated
The potential consequences of an OVI conviction can be felt through every aspect of your life. Whether you were riding a bicycle, driving a side-by-side, or riding a personal watercraft and have been accused of operating it under the influence of drugs or alcohol, you will need a professional on your side. Do not let your future be put in jeopardy by trusting your defense to an overworked and underpaid public defender.
Avoid the ruin that could come with a conviction by connecting with a trial-proven and in-demand Columbus DUI/OVI attorney with Koffel Brininger Nesbitt today.
When you need help protecting your rights and your freedom, you will be glad you did. Call our office for a free case evaluation, or complete our quick and convenient contact form to schedule your consultation as soon as today.
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