What are the two main ways that a person can be charged with OVI (Operating a Vehicle Impaired) in Ohio?

Steve Palmer and Troy dig deep into the complexities of OVI (Operating a Vehicle Impaired) laws in Ohio.

When is being under the legal limit on a breath test not enough to avoid a DUI arrest?

What happens if you seem sober, but the officer has other suspicions?

Steve Palmer shares real-life case experiences, breaks down the differences between per se OVI and traditional impairment charges, and discusses how police and prosecutors use everything from field sobriety tests to body cam footage in these often-confusing cases. Plus, with marijuana now legal in Ohio, the two examine how that’s changing law enforcement’s approach.

• Two Ways to Be Charged: You can be charged with OVI in Ohio if (1) your blood, breath, or urine is over the legal limit (per se), or (2) you appear to be under the influence, regardless of your test results (03:24).
• Below .08? Still Risky: Even if you blow a 0.065, you can still be arrested and prosecuted based on how you act, look, or perform on field sobriety tests (02:22).
• Video Evidence Is Crucial: Most law enforcement now use body and dash cams. If you look sober and act appropriately on camera, it can be a strong defense. If not, video evidence can easily work against you (10:04).

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2026 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com