In Ohio, what many states refer to as a DUI (driving under the influence) is officially known as an OVI (operating a vehicle under the influence) charge. According to Ohio Revised Code Section 4511.19, a person can be charged with OVI if they are operating any vehicle, streetcar, or trackless trolley while under the influence of drugs, alcohol, or a combination of both substances. The statute specifies that it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or with a specified concentration of controlled substances in one's blood, breath, or urine.
Halloween DUI Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), 28 of the traffic accident fatalities that occurred on Halloween night in 2022 can be attributed to drunk drivers. In Ohio, you can face aggravated vehicular assault or homicide charges if you cause physical harm to or kill a person while driving intoxicated.
The NHTSA data also shows that 52% of Halloween drunk driving accidents (from 2018 to 2022) involved drunk vehicle occupants, and people aged 21 to 34 years old had the highest percentage of fatalities during this period. It is also important to note that Halloween DUI accidents are not always two-car collisions. Many accidents involve vehicles striking and killing pedestrians, especially young children.
How to Avoid a Halloween DUI/OVI Charge
Consider the following tips that can help you avoid facing Ohio drunk driving charges:
- Avoid operating a vehicle while under the influence: The best way to avoid an OVI during Halloween festivities is to plan your transportation before you start celebrating. Consider designating a sober driver, using ride-sharing services like Uber or Lyft, taking public transportation, or investing in a personal breathalyzer to help make informed decisions. If you're attending a party, you should also consider asking the host if you can stay overnight. It is important to note that you can face criminal charges if you have physical control of a vehicle while under the influence, so it is not in your best interest to try to “sleep it off” in your car.
- Know your limits: Your alcohol tolerance depends heavily on factors like your body weight, metabolism, gender, and overall drinking habits. A drink that barely affects a larger person might significantly impair a smaller individual, so it's crucial to understand your personal limits and stick to them rather than trying to keep pace with others.
- Eat a full meal before drinking: Having a substantial meal before drinking can significantly slow alcohol absorption into your bloodstream and help maintain better judgment throughout the evening. Foods high in protein and healthy fats are particularly effective at slowing alcohol absorption, helping you maintain clearer thinking if you have a few drinks and potentially avoid decisions that could lead to an OVI.
- Check and maintain your vehicle: Before heading out for Halloween celebrations, ensure your vehicle's lights, signals, and plates are all functioning properly and clearly visible. A simple equipment violation like a burnt-out taillight or expired registration can give law enforcement a reason to initiate a traffic stop, which could lead to additional scrutiny if you've been drinking.
- Stay calm and remember your rights if stopped: If you are stopped by law enforcement, remain polite and calm while remembering you have the right to remain silent beyond providing basic information like your license and registration. Keep your movements slow and deliberate, and remember that you can face consequences under Ohio Revised Statute Section 4506.17 for refusing to submit to testing.
- Inform officers of any conditions you have that may impact the breathalyzer results: If you have medical conditions like diabetes or GERD or are on a low-carb diet that could affect breathalyzer results, it's important to inform the officer immediately. While Ohio has implied consent laws, certain medical conditions and dietary practices can lead to false positive readings, and documenting these conditions early can be crucial for your defense.
How to Beat an OVI Case in Ohio: Secure Formidable Counsel!
Herzner Law has helped hundreds of clients develop tailored defense strategies, and we are backed by decades of collective legal experience. Should you or a loved one face OVI charges after a Halloween traffic stop, you can benefit from our reliable counsel.
We also represent clients involved in the following types of OVI cases:
Contact us to request an initial consultation and discuss your OVI defense with our attorneys.