Can You Be Charged With OVI Even if Your BAC Is Under .08?

In Ohio, most people associate an OVI (Operating a Vehicle Impaired) charge with having a Blood Alcohol Concentration (BAC) of .08% or higher. While this is the legal limit, it is a common misconception that blowing under .08 guarantees you are safe from arrest. The reality is more complex, and there are specific situations where you can still face OVI charges even with a lower BAC. If you find yourself in this position, understanding your rights and seeking immediate legal counsel is crucial to protecting your future. The VanNoy Firm can help you through each step of the defense process:

• Police Observations: An officer can arrest you based on observed signs of impairment, regardless of your BAC.
• Drug-Related Impairment: OVI charges can result from impairment by drugs, even without alcohol consumption.
• Underlying Medical Issues: Certain medical conditions can mimic signs of intoxication, leading to a wrongful arrest.
• Challenging the Charge: An experienced OVI attorney can challenge the basis of a low-BAC arrest, from the traffic stop to the evidence collected.

What Leads to an OVI Arrest if My BAC Is Low?

Even if a chemical test shows your BAC is below the .08% legal limit, a law enforcement officer can still arrest you for OVI based on their observations. The core of an OVI charge is impairment, and a specific BAC level is just one way for the prosecution to prove it.

An officer will look for any signs that suggest your driving ability is compromised. This can include:

• Erratic driving, such as weaving, swerving or braking suddenly.
• Physical signs like slurred speech, clumsy movements or bloodshot eyes.
• Failing or performing poorly on Standardized Field Sobriety Tests (SFSTs).

If an officer observes enough of these signs, they can build a case that you were “appreciably impaired,” giving them grounds for an arrest. The prosecution can then use the officer’s testimony as evidence against you in court, arguing that your actions demonstrated impairment even if your BAC was low.

Can I Be Charged With OVI if I Haven’t Been Drinking?

Yes. Ohio’s OVI laws cover impairment from alcohol, illegal drugs or a combination of both. You can be charged with an OVI even if you have a BAC of .00% if an officer suspects you are under the influence of a controlled substance. Legal limits are established for the presence of drugs like cocaine and amphetamines in your system.

An officer trained as a Drug Recognition Expert (DRE) may be called to the scene to evaluate you for signs of drug-related impairment. If authorities determine that you are under the influence of drugs, you may be arrested and required to undergo a blood or urine test.

What if a Medical Condition Is Mistaken for Impairment?

Certain medical conditions can present symptoms that mimic those of intoxication, which can lead to a wrongful OVI arrest. An officer might misinterpret these signs as evidence of impairment, especially if they are not aware of your medical history.

Medical issues that can be mistaken for impairment include:

• Diabetes: Low or high blood sugar can cause confusion, dizziness and slurred speech.
• Neurological Disorders: Conditions like epilepsy or the after-effects of a stroke can affect balance and coordination.
• Fatigue or Exhaustion: Extreme tiredness can lead to poor driving, slowed reaction times and difficulty focusing.
• Allergies or Illness: Red, watery eyes and other symptoms from common illnesses can be misconstrued as signs of intoxication.

If you believe a medical condition contributed to your arrest, it is vital to discuss this with your attorney. Medical records and expert testimony can be powerful tools in your defense.

How Can an Attorney Challenge a Low-BAC OVI Charge?

An experienced OVI defense attorney can scrutinize every aspect of your case to build a strong defense. When a BAC is below the legal limit, the prosecution’s case often relies heavily on the officer’s subjective observations, which can be challenged.

Your attorney at The VanNoy Firm will investigate whether the traffic stop was legal, if field sobriety tests were administered correctly and if there are alternative explanations for your alleged impairment. They can file motions to suppress evidence that was gathered unlawfully and question the officer’s conclusions in court. 

Protect Your Rights with The VanNoy Firm

Facing an OVI charge is a serious matter, but an arrest is not a conviction. This is especially true when your BAC is below the legal limit. You have the right to a robust defense. At The VanNoy Firm, our experienced Dayton OVI attorneys are dedicated to working towards a positive outcome for your case. If you have been charged with an OVI, do not hesitate to contact us for a consultation.