Types of DUI Charges
Our clients are often confused as to how the police can charge them with two violations stemming from one DUI arrest.
In Ohio, a DUI offense can be charged two different ways:
- Appreciable Impairment
- “Per se”
An Appreciable Impairment violation means the State is alleging that you operated a motor vehicle after consuming either drugs, alcohol, or both which appreciably impaired your ability to operate a motor vehicle. The State must prove that you: (1) consumed alcohol, drugs, or a combination of both and then (2) operated a motor vehicle and that (3) the alcohol, drugs, or combination of both impaired your ability to drive. This type of charge is based on the officer’s observations including, but not limited to, any traffic offenses you may have committed your appearance (bloodshot eyes, smells of alcohol), your behavior (slurred speech, stumbling), and your performance of field sobriety tests.
A “Per se” violation means the State is alleging that your blood, breath, or urine was tested and the result was over the legal limit. The State must prove that you: (1) operated a motor vehicle while (2) having a prohibited amount of alcohol, drugs, or a combination of both in your system. This type of charge is based on the results of a blood, breath, or urine test.
Thus, the police have two distinct way to charge you for one arrest.
At Patituce & Associates, we are experienced not only with the statutes under which you are charged, but also with what evidence the State must produce in order to convict you. We can use our knowledge and experience to your advantage by testing the evidence produced by the State.
We will ensure the State is held to their burden in proving your stop, field sobriety tests, arrest, and blood, breath, or urine tests were done in accordance with state law.
Call us for a free consultation at (330) 752-6706.