If you’ve been drinking, you might decide to sleep in your car instead of risking a charge for Operating a Vehicle under the Influence (OVI). Unfortunately, you can still be accused of an OVI even if you weren’t driving when approached by police. To avoid an arrest and the need for bail, learn more about this facet of Ohio law by consulting the following guide.

Getting OVI Charges Without Driving

In Ohio, anyone caught operating a vehicle while under the influence can be charged with a crime. In most cases, this means driving on the road, but just starting the car is considered “operating” the vehicle. If you leave a bar on a winter night and turn the car on to use the heater, this could qualify, even if you’re asleep in the passenger’s seat.

Alternatively, you can be charged for being in "physical control" of the car. This means you're found in the driver's seat but without the engine turned on. While this can carry penalties, they are usually less severe than an OVI.

Penalties for an OVI

The law makes no distinction between OVI defendants who were sitting in a parked car or pulled over on the road. If convicted, you may be sentenced to a minimum of three days in jail or an alternative program and lose your license for up to six months. The court may also require you to complete an alcohol abuse treatment program and pay at least $375 in fines.

Therefore, if you plan to attend an event where you expect to imbibe, arrange for someone to drive you home ahead of time, or contact a ride-share service.

How Bail Is Determined

Most jails in Ohio have predetermined bail schedules set by the local courts. If you’ve never been charged with an OVI, you may be able to post bail without spending a night in jail. However, you may have to wait for a hearing before a judge.

When setting bail amounts, the court will consider a variety of factors, including your criminal record, the circumstances of your arrest, and how likely you are to offend again. 

If you’ve been charged with an OVI in the Cincinnati, OH, area, Bob Shropshire Bail Bonds can help secure your release as quickly as possible so that you can begin building a defense. They understand the importance of your freedom and are committed to treating you with the respect and dignity you deserve. Visit their website to learn how they can help you post bail. Call (513) 721-3915 to speak with an agent today.