Dale: My name is Dale Naticchia, I’m an attorney in Cleveland, Ohio. I’ve been an attorney for 26 years and I specialize in the practice of DUI law.
Interviewer: In Ohio, a DUI arrest and conviction is called something different. It’s called OVI. Is that correct?
Dale: That is correct. But everybody still acknowledges and knows it as DUI. The OVI just made a broader scope because the charge is operating a vehicle impaired instead of driving under the influence.
Interviewer: Let’s start with that definition. You said OVI vs. DUI broadened the law. So prior to this broadening, the activity was classified as driving. How is operating considered a different definition?
Dale: To begin with, operating needs to be defined. If you’re in a vehicle, with the keys in the ignition, with the car running, that action it could arguably be called operating. Operating could also pertain to physical control. However, to the arresting officers, if you’re sitting in a parking lot with the car running they will charge you with an operating a vehicle impaired. There is a legal basis to support that claim.
By Dale Naticchia