Contrary to popular belief, it is not illegal to drink and drive.  It IS illegal to drive while appreciably impaired.

Ohio Revised Code provides that “[n]o person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation…the person is under the influence of alcohol, a drug of abuse, or a combination of them.”  R.C. 4511.19(A)(1)(a).

This is likely the most common form of OVI as charged.  Cases typically focus on the issue of “under the influence” which is commonly defined as being “appreciably impaired” in terms of actions and ability to operate a motor vehicle.  The State must prove that the driver operated while impaired.  Officers gather evidence from the stop, questioning, detention, field sobriety tests, and even chemical tests in order to support a conviction for OVI.