What Is Under The Influence?

March 24, 2012 | 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.

To learn more, call our Dayton Criminal Defense law firm at (937) 531-0435 or visit our contact us page to send us an email.