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

The high-profile murder conviction of Alex Murdaugh was just overturned by the South Carolina Supreme Court due to serious concerns of jury interference by a court staff member. This moment underscores the importance of a fair trial and the dangers of even the appearance of impropriety within our justice system.

Key Takeaways:

• The Appearance of Impropriety Matters: Even indirect or unintentional influence—such as a court clerk making prejudicial comments or offering rides to jurors—can undermine an entire verdict. Maintaining public trust requires not only actual fairness but also its appearance.
• Protecting Jury Independence is Paramount: Jurors must form their own opinions uninfluenced by external voices, especially from authority figures inside the courthouse. When this sanctity is violated, the legal process itself is at risk.
• Appellate Courts Will Act: When irregularities are brought to light, especially those involving outside influence on a jury, higher courts show a willingness to take strong corrective action—regardless of a case’s notoriety or public pressure.

Moments

04:57 Lawyers getting jury feedback

09:16 Jury duty first-time experience

10:14 Jurors' perspective and trust issues

13:44 Juror influence by court staff

19:05 Juror misconduct and trial fairness

22:25 Discussing lawyer and juror interactions

23:14 Maintaining professionalism around jurors

28:47 Court discusses motives and evidence

30:45 Debating the fairness of the trial

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

Why did the Ohio General Assembly decide to create a separate offense for being in “physical control” of a vehicle while under the influence?

In this follow-up episode, Steve Palmer and Troy tackle the question about the classic “sleep it off” scenario—can you really avoid a DUI by staying in your car and catching some shut-eye after a night out?

Drawing on Ohio law and years of experience, Steve Palmer breaks down what it means to be in “physical control” of a vehicle while under the influence, how that differs from an OVI (DUI), and why the law was changed to address this very situation.

The guys explore legal strategy, insurance implications, and the difference between old barstool myths and the current legal reality. Whether you're a legal nerd or someone who enjoys a late-night White Castle run, this episode has practical insight you won't want to miss!

Here are 3 key takeaways:

• Sleeping in your car while intoxicated can still be a crime. The Ohio General Assembly created a separate offense called "physical control," meaning you can be charged even if you’re not driving but merely in charge of the vehicle 03:09.
• Physical control is less severe than an OVI (DUI). Carrying no mandatory jail time or license suspension, and it’s a non-moving, no-point violation 04:40. It's often used as a plea reduction from drunk driving charges.
• Insurance implications vary. While not as harsh as a DUI or reckless operation on your record, physical control is still alcohol-related and may impact your insurance differently 05:36.

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