Physical Control (Having Physical Control of Vehicle Under the Influence)

Per Ohio Revised Code 4511.194: Physical control means being in the driver's position of the front seat of a vehicle and having possession of the vehicle's, ignition key or other ignition device.

Attorney Christopher Fogt has succeeded in reducing countless OVI charges to Physical Control. Unlike OVI, a Physical Control charge does not allege that a vehicle was driven or operated. Physical Control indicates that an individual was under the influence while sitting in the driver's seat of a vehicle with possession of the keys. Compared to OVI, Physical Control involves less severe penalties. Physical Control adds zero points to your driver's license compared to OVI that adds 6 points. OVI has a mandatory fine compared to Physical Control that does not. Finally, and most importantly, OVI is an enhanceable offense and Physical Control is not. 

An enhanceable offense means that each subsequent offense has harsher penalties. For example, a first-offense low-test OVI has a mandatory 3 days in jail or a driving intervention program. A second-offense low-test OVI has a mandatory 10 days in jail or 5 days in jail with 18 days of electronic home detention. 

Fogt Law Can Help You

Attorney Fogt is certified in the NHTSA manual just like the police and has 110 hours of Continuing Legal Education classes on OVI alone.

Attorney Fogt practices in Federal Court and all over the State of Ohio including, but not limited to Montgomery County, Greene County, Miami County, Warren County, Hamilton County, Clark County, Franklin County. Attorney Fogt also practices in Kettering, Miamisburg, Dayton, Xenia, Fairborn, Springboro, Clark, and Lebanon Municipal Courts as well as others.