What Is Under The Influence?: Suhre & Associates


Written by Rob Healey on March 24, 2012 in DUI Law

In an Ohio OVI case the jury will hear instructions on the case.  Here is the jury instruction in an OVI case where the allegation is operating under the influence:

UNDER THE INFLUENCE. A person is under the influence of (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) when he consumes (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) in such a quantity, whether small or great, that it adversely affects and appreciably impairs his action, reactions, conduct, movements or mental processes so as to deprive him of that clearness of mind and control of himself which he would otherwise have possessed, and it impairs to any appreciable degree his ability to operate a (vehicle) (streetcar) (trackless trolley).

The question is not how much (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) would affect an ordinary person. The question is what affect did (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) taken by the (defendant) (plaintiff) have on him at the time of operating a (vehicle) (streetcar) (trackless trolley). If the consumption of (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) impaired to an appreciable degree his ability to operate a (vehicle) (streetcar) (trackless trolley), then said person would be under the influence of (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse).

The OVI and DUI defense lawyers at Suhre & Associates are able to explain this to the jury to give you the best chance to avoid a conviction.  This is important because if the jury misunderstands the instruction they might wrongfully convict you of a crime!

Call the OVI attorney’s at Suhre & Associates if you have been arrested for OVI in the Dayton area – including: Montgomery, Greene, Miami, Darke, Clark, Clinton, Allen, Ross, or Champaign counties; or, in the following cities: Riverside, Oh., Kettering, Oh., West Carrollton, Oh., Huber Heights, Oh., Trotwood, Oh., Beavercreek, Oh., Vandalia, Oh., Centerville, Oh., Miamisburg, Oh., Englewood, Oh., Fairborn, Oh., Clayton, Oh., Tipp City, Oh., Springboro, Oh., Xenia, Oh. – Call one of our qualified OVI lawyers at 937-531-0435.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put our team of OVI lawyers in Dayton which includes an AWARD WINNING DUI LAW FIRM, an AWARD WINNING DUI LAWYER, a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

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