A jury instruction which is given at every OVI (formerly DUI) trial states,
- UNDER THE INFLUENCE. “Under the influence means that the defendant consumed some (alcohol)(drug of abuse)(alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant’s actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed. The question is not how much (alcohol)(drug of abuse)(alcohol and a drug of abuse) would affect an ordinary person. The question is what effect did any (alcohol)(drug of abuse)(alcohol and a drug of abuse), consumed by the defendant, have on him at the time and place involved. If the consumption of (alcohol)(drug of abuse)(alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to an appreciable degree, his ability to operate the vehicle, then the defendant was under the influence.
This instruction is derived from State v. Hardy (1971), 28 Ohio St.2d 89, 276 N.E.2d 247.
It is the job of your DUI defense attorney to significantly narrow this definition through the use of science, knowledge of the standardized field sobriety tests, exacting cross-examination techniques and over-all trial skill. If you find yourself in need of an Ohio OVI attorney who has dedicated his practice to honing the skills to win your Ohio DUI case, contact attorney Charles M. Rowland II at 937-879-9542 or 1-888-ROWLAND.