Under The Influence Means…

The Ohio Jury Instructions give us the definition that a jury would hear in a DUI case.  It also defines what a DUI is.  The following is an excerpt from the Ohio Jury Instructions:

The defendant is charged with operating a (vehicle) (streetcar) (trackless trolley) while under (the influence of alcohol) (the influence of a drug of abuse) (the combined influence of alcohol and a drug of abuse). Before you can find the defendant guilty, you must find beyond a reasonable doubt that on or about the ___________________ day of ___________________, ___________________, and in ___________________ County (other jurisdiction), Ohio, the defendant operated a (vehicle) (streetcar) (trackless trolley) while under (the influence of alcohol) (the influence of [specify drug of abuse]) (the combined influence of alcohol and [specify drug of abuse]).

The term “operate” means to cause or have caused movement of a (vehicle) (streetcar) (trackless trolley).

The classification of a particular substance as a drug of abuse is a question of law. The identity of a particular substance, whether or not the defendant had ingested that substance and its affect, if any, upon him are questions of fact. For the definition of “drug of abuse” see R.C. 2925.01(B), 3719.01, 3719.011(A), 3719.41 and 4729.01(E).

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence.

The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, Robert Healey, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

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