If you have been arrested for an OVI (Operating a Vehicle Impaired ) in Ohio, your defense attorney may eventually come to you with a plea offer from the prosecutor. Very often, that offer involves reducing the OVI charge to something called “Physical Control.”
For many people, this sounds confusing. What exactly is physical control? Is it still a DUI? Will I still lose my license?
At Gounaris Abboud, LPA, we spend a significant amount of time explaining this specific charge to our clients. Understanding the difference between an OVI and physical control is absolutely critical, because accepting a reduction to physical control is often one of the best possible outcomes in an Ohio drunk driving case.
Defining Physical Control Under Ohio Law
Under Ohio Revised Code Section 4511.194, it is illegal to be in “physical control” of a vehicle while under the influence of alcohol, drugs, or a combination of both.
The law specifically defines physical control as being in the driver’s seat of a vehicle and having possession of the vehicle’s ignition key or other ignition device.
This means you can be arrested and charged with physical control even if:
- The car is turned off.
- The keys are simply in your pocket.
- The car is legally parked in a parking lot or a driveway.
- You are asleep in the driver’s seat.
This law was designed to penalize people who are intoxicated and in a position to easily start a car and drive away, even if they have not actually put the vehicle in motion yet.
The Critical Difference: A Non-Moving Violation
The fundamental difference between an OVI and physical control comes down to movement.
To be convicted of an OVI, the state must prove that you were actively operating (driving or moving) the vehicle while impaired. Physical control, on the other hand, is a non-moving violation.
This distinction is massive when it comes to the penalties you face. While both an OVI and physical control are classified as first-degree misdemeanors in Ohio, the consequences of a physical control conviction are significantly less severe.
Why Physical Control is a Desirable Plea Deal
When our Dayton OVI defense attorneys negotiate with prosecutors, getting an OVI reduced to physical control is often a major victory. Here is why:
1. No Mandatory Jail Time
An OVI conviction in Ohio carries mandatory minimum jail time (typically three days for a first offense, or a mandatory driver intervention program). A physical control conviction has no mandatory jail time. While a judge can sentence you to jail, it is entirely at their discretion, and experienced attorneys can usually argue successfully for no jail time.
2. No Mandatory License Suspension
A first-time OVI conviction requires the judge to suspend your driver’s license for a mandatory minimum period (often one year). With a physical control conviction, a license suspension is entirely optional. The judge can choose to suspend your license for up to a year, but they are not required to do so.
3. Zero Points on Your License
An OVI conviction places six points on your Ohio driver’s license. Accumulating points leads to massive insurance rate hikes and can push you closer to a 12-point administrative suspension. A physical control conviction carries zero points.
4. Avoiding the OVI Stigma
Having an OVI on your permanent criminal and driving record carries a heavy social and professional stigma. A physical control conviction, while still a misdemeanor, looks significantly better to future employers and insurance companies because it is explicitly a non-moving violation.
How We Fight for a Reduction
Prosecutors do not simply hand out physical control reductions because they are feeling generous. They offer these deals when a skilled defense attorney exposes weaknesses in their case.
We aggressively challenge the legality of the initial traffic stop, the administration of the field sobriety tests, and the calibration of the breathalyzer machine. When we create enough reasonable doubt that the prosecutor fears losing at trial, they are much more likely to offer a physical control plea.
Frequently Asked Questions
What does physical control mean in Ohio?
In Ohio, “physical control” means being in the driver’s seat of a vehicle and having possession of the vehicle’s ignition key or other ignition device, while under the influence of alcohol or drugs. You can be charged even if the engine is off and the car is parked.
Does a physical control conviction carry points on my license?
No. One of the biggest advantages of a physical control conviction compared to an OVI is that it carries zero points on your Ohio driver’s license.
Is physical control a lesser charge than an OVI?
Yes. While both are first-degree misdemeanors, physical control is considered a non-moving violation. It does not carry mandatory jail time, and a judge is not required to suspend your driver’s license, making it a highly desirable plea reduction in an OVI case.
Contact Our Dayton OVI Defense Team Today
If you have been charged with an OVI, do not assume that a conviction is inevitable. The former prosecutors at Gounaris Abboud, LPA know how to dismantle the state’s evidence and fight for reductions that protect your freedom, your license, and your record.
Time is critical in OVI cases. Contact us today to schedule a free, confidential case evaluation, or visit our homepage to learn more about our aggressive defense strategies.