Can You Be Arrested for OVI Below the Legal Limit in Ohio | Lawyer Talk Q&A

I’m Steve Palmer, and today I’m answering a great question sent in by Nancy from Ohio. Her son was arrested for OVI—even though his breath test was 0.07, which is below the state’s legal limit of 0.08. How is that possible?

In this episode, I’ll clear up the confusion around Ohio’s OVI laws, explain the difference between “impaired” and “per se” charges, and share how prosecutors build their cases even when the numbers seem to be in your favor.

I’ll also talk about why having a lawyer on your side is essential when facing an OVI or DUI charge. If you’ve ever wondered about what the “legal limit” really means or how law enforcement handles these cases, you’ll want to listen in.

Here are 3 key takeaways from the conversation:

• Two Ways to Be Charged:

In Ohio, you can be charged with OVI either by exceeding the legal limit (‘per se’ at 0.08 BAC for adults) OR by showing signs of impairment, regardless of your BAC.

• Impairment Can Trump the Numbers:

Even if your BAC is under 0.08, evidence such as slurred speech, poor field sobriety results, or an unsteady demeanor can still result in charges if law enforcement believes you are impaired.

• Legal Nuances Require Expertise:

Defending an OVI charge—even with a low BAC—can be complex. Legal limitations may prevent simply using the breath test result as a defense without expert testimony.

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 2025 Stephen E. Palmer - Attorney At Law

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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