Attorney James Pearl, Jr. serves clients in all of the following areas:  Cuyahoga County, Summit County, Portage County, Medina County and Geauga
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Moreland Hills, Munroe Falls, New Franklin, Northfield, Northfield Center, Northfield Village, Norton, Orange, Pepper Pike, Richfield, Sagamore Hills,
Shaker Heights, Silver Lake, Solon, Springfield, Stow, Streetsboro, Tallmadge, Twinsburg, Twinsburg Township, Wadsworth, Waite Hill, and Walton
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What is driving "under the influence" or "over the legal limit"?

In Ohio, alcohol related offenses include BOTH:
(1) driving driving under the influence of alcohol or a drug of abuse
(often referred to as "OVI"); and
(2) driving over the legal limit (often referred to as "BAC").

One can be convicted of being "under the influence" if a jury
determines that:
"the defendant consumed some alcohol or 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."


This is generally the instruction given to juries when they deliberate in
a DUI/DWI trial.

In Ohio, even if you are not "under the influence," you may still be
guilty of a alcohol related crime if you are "over the legal limit."
Driving over the legal limit is not the same as driving under the
influence" (although the two may certainly occur at the same time). As
you are probably aware, a person can be over the legal limit without
that level of alcohol impairing the person's ability to drive (or do other
things) appropriately. Conversely, a person can be under the legal limit
and still have that level of alcohol to impair that person's ability to
drive (or do other things). In Ohio, the legal limit for persons 21 and
over is any of the following:

.08% (by weight) for blood, or
over .08 of 1 gram (by weight) per 200 liters of for breath, or
.14 of a gram (by weight) per 100 milliliters of urine.
For persons under 21 it is even less (e.g. .02% (by weight) for blood.)
It is possible to be charged with both being under the influence and
driving over the legal limit, and it is possible to be convicted of both.
However, if one is convicted of both (for the same incident), then he
can only be sentenced for one. Most times a person is arrested for a
DWI offense, they are charged with both. This way the police and the
prosecution have two shots at a conviction.

If you or a loved one has been charged with an alcohol-related driving
offense, contact the Pearl Law Office for a free consultation with James
R. Pearl, Jr.
PEARL LAW OFFICE