Pursuant to Ohio Revised Code 4511.194, being in physical control is defined as “being in the driver’s position of the front seat of a vehicle or in the driver’s position of a streetcar or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s ignition key or other ignition device.” If you have had too much to drink and know you should not drive, there are a variety of ways to avoid a physical control charge.

Avoiding a Physical Control Charge

First, ask a friend to drive you home. If you do not have any sober friends, call a taxi or use UBER. If a taxi or UBER is not available, see if the bus is still running. The last option should be to sleep in your vehicle. However, if you have to sleep in your vehicle (e.g., it is cold outside), there are ways to avoid a physical control charge.

Place the keys in the front of the vehicle, perhaps under the mat in the front of the car, and place yourself in the back seat of the vehicle. If you pass out in the front seat of the vehicle, particularly in the driver’s seat, with the keys in the ignition or anywhere near you and law enforcement sees this, you will be in trouble.

Example of How a Physical Control Offense Occurs

An example of how a physical control charge can occur is someone who knows they are impaired gets in their vehicle and turns on the heater because it is cold outside. Once the person is comfortable, the person will fall asleep or pass out with the vehicle running. This draws the attention of law enforcement because the vehicle is idling. While it is better to be charged with physical control as opposed to DUI / OVI, there is a reasonable way to avoid both.

One thing to note is that a prior physical control conviction will not trigger enhanced DUI / OVI penalties. Prior DUI / OVI convictions become additive, which means that for each DUI / OVI conviction, the penalties become more severe, including increased jail time and fines. Physical control also does not carry any points on your driver’s license nor mandatory jail terms.

Columbus and Delaware, Ohio DUI / OVI Attorney

If you have been charged with DUI / OVI or Physical Control in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.