Category Archives: Physical Control

What is the charge of physical control and how can Charles Rowland help you defend yourself.

What is a Physical Control Violation? Is It Better Than An OVI?

Why should I consider a reduction to Physical Control? While a “physical control” conviction (O.R.C. 4511.194)  is similar to an OVI conviction (O.R.C. 4511.19) in that both are alcohol-related first degree misdemeanors, the PC conviction does not carry mandatory minimum penalties. In fact, a court may give proportionally lighter penalties due to the fact that…
Read more

A Physical Control Conviction Is Not A Prior Offense

A physical control conviction does not count as a "prior offense" for purposes of enhancement.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It does not list a violation of physical control (R.C. 4511.194) as a predicate offense.  It does not…
Read more

Can I Get An ALS Suspension On A Physical Control Charge?

If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI).  The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at…
Read more

Top Ten Rules for Partying in Ohio

In light of the arrest made following the University of Dayton's victory, we offer college students these rules for partying (legally) in Ohio. Rule #1: Don't Drink and Drive Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five…
Read more

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194)

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194) is the offense of being intoxicated while in physical control of a car, but not having caused the vehicle to move.  If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your…
Read more

Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how…
Read more

OVI or DUI (Which is right?)

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI."  This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving.  The Ohio General Assembly…
Read more

DUI on the Water and the Return of Boating Season

With the return of the summer boating season, many people will soon be enjoying Ohio's beautiful lakes and rivers.  This is a reminder that Ohio is cracking down on captains who indulge in alcohol while on the water.  Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk…
Read more

Physical Control & Reckless Operation

Often, a client will be presented with a plea offer involving a reduction to a charge called “physical control.”  Physical control is the crime of being in control of a car while you are impaired.  It is a zero point violation under Ohio law and does not carry a mandatory license suspension.  Physical control is…
Read more

Ohio Driver’s License “POINTS”

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license.  "Points" under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations: 6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding,…
Read more