Ohio Rev. Code » Chapter 4511
Ohio Revised Code

Ohio Rev. Code § 4511.194 (2026)

Having physical control of vehicle while under the influence

✓ current as of May 2026
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Effective:
August 17, 2006
Latest Legislation:
Senate Bill 8 - 126th General Assembly
PDF:
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(A) As used in this section:

(1) "National highway traffic safety administration" has the same meaning as in section 4511.19 of the Revised Code.

(2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device.

(B) No person shall be in physical control of a vehicle, streetcar, or trackless trolley if, at the time of the physical control, any of the following apply:

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(2) The person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code.

(3) Except as provided in division (E) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in division (A)(1)(j) of section 4511.19 of the Revised Code.

(C)(1) In any criminal prosecution or juvenile court proceeding for a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:

(a) The officer may testify concerning the results of the field sobriety test so administered.

(b) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.

(c) If testimony is presented or evidence is introduced under division (C)(1)(a) or (b) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.

(2) Division (C)(1) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (C)(1) of this section.

(D) Whoever violates this section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.

(E) Division (B)(3) of this section does not apply to a person who is in physical control of a vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in division (A)(1)(j) of section 4511.19 of the Revised Code, if both of the following apply:

(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.

(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
Notes of Decisions
Cited in 81 cases (27 in the last 5 years), 2006–2026 · leading case: State v. Wilson, 2022 Ohio 3202 (Ohio 2022).
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State v. Wilson, 2022 Ohio 3202 (Ohio 2022). · cites it 10× “01(HHH), which defines “operate” as “to cause or have caused movement of a vehicle,” and enacted R.C. 4511.194, the separate offense of having 2 January Term, 2022 physical control of a vehicle while under the influence, which forbids a person from being intoxicated while “in…”
State v. Husted, 2014 Ohio 4978 (Ohio Ct. App. 2014). · cites it 7× “{¶5} On that same date Officer Shanks filed a complaint in the Chillicothe Municipal Court in the form of a uniform traffic ticket charging Husted with physical control in violation of R.C. 4511.194, a misdemeanor of the first degree.”
State v. Beasley, 2019 Ohio 719 (Ohio Ct. App. 2019). · cites it 4× “{¶ 21} Appellant contends the jury should have been instructed on the offense of physical control pursuant to R.C. 4511.194, a first-degree misdemeanor.”
Doe v. Marlington Local Sch. Dist. Bd. of Educ., 2009 Ohio 1360 (Ohio 2009). · cites it 2× “19(A) to read: “No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.”
State v. Anderson, 2017 Ohio 8641 (Ohio Ct. App. 2017). · cites it 2× “R.C. 4511.194(A)(2) defines “ ‘physical control’ as 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.”
State v. Everson, 2018 Ohio 323 (Ohio Ct. App. 2018). · cites it 3× “{¶ 3} On February 2, 2017, Everson entered a guilty plea to the amended charge of having physical control of a vehicle while under the influence in violation of R.C. 4511.194,1 a first-degree misdemeanor.”
State v. Leasure, 2015 Ohio 5327 (Ohio Ct. App. 2015). · cites it 3× “{¶43} On appeal, as he did at the trial level, Leasure argues that he should have been charged for violating R.C. 4511.194, “Physical control of vehicle while under the influence,” Ross App.”
Cleveland v. Jones-McFarlane, 2020 Ohio 3662 (Ohio Ct. App. 2020). · cites it 3× “Jones-McFarlane (“Jones- McFarlane”), appeals from her sentence pursuant to a guilty plea to one count of having physical control of a vehicle while under the influence, in violation of R.C. 4511.194. For the reasons that follow, we reverse, vacate the plea, and remand the…”
State v. Hayes, 2016 Ohio 7241 (Ohio Ct. App. 2016). · cites it 2× “19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance.”
State v. Mattes, 2017 Ohio 7666 (Ohio Ct. App. 2017). · cites it 4× “19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance that was completed and sent to the registrar of motor vehicles and a court pursuant to section 4511.”
State v. Hlinovsky, 2011 Ohio 6421 (Ohio Ct. App. 2011). · cites it 4× “rresting officer lacked probable cause to approach a legally parked vehicle that was not violating any Ohio laws; 2) dismissing this case, or in the alternative, suppressing any chemical tests because the arresting officer lacked probable cause to approach the vehicle and the…”
State v. High, 2017 Ohio 8264 (Ohio Ct. App. 2017). · cites it 2× “High was charged with having physical control of a vehicle while under the influence of alcohol, in violation of R.C. 4511.194(B)(1) and (B)(2). He filed a motion to suppress, and a hearing was held on his motion.”
Show all 81 citing cases →
— Ohio Rev. Code § 4511.194(A) — 1 case
State v. Hall, 2017 Ohio 446 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 4511.194(A)(2) — 17 cases
State v. Wilson, 2022 Ohio 3202 (Ohio 2022). “01(HHH), which defines “operate” as “to cause or have caused movement of a vehicle,” and enacted R.C. 4511.194, the separate offense of having 2 January Term, 2022 physical control of a vehicle while under the influence, which forbids a person from being intoxicated while “in…”
State v. Anderson, 2017 Ohio 8641 (Ohio Ct. App. 2017). “R.C. 4511.194(A)(2) defines “ ‘physical control’ as 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.”
State v. Beasley, 2019 Ohio 719 (Ohio Ct. App. 2019). “{¶ 21} Appellant contends the jury should have been instructed on the offense of physical control pursuant to R.C. 4511.194, a first-degree misdemeanor.”
State v. Leasure, 2015 Ohio 5327 (Ohio Ct. App. 2015). “{¶43} On appeal, as he did at the trial level, Leasure argues that he should have been charged for violating R.C. 4511.194, “Physical control of vehicle while under the influence,” Ross App.”
State v. Husted, 2014 Ohio 4978 (Ohio Ct. App. 2014). “{¶5} On that same date Officer Shanks filed a complaint in the Chillicothe Municipal Court in the form of a uniform traffic ticket charging Husted with physical control in violation of R.C. 4511.194, a misdemeanor of the first degree.”
— Ohio Rev. Code § 4511.194(B) — 9 cases
State v. Anderson, 2017 Ohio 8641 (Ohio Ct. App. 2017). “R.C. 4511.194(A)(2) defines “ ‘physical control’ as 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.”
State v. Beasley, 2019 Ohio 719 (Ohio Ct. App. 2019). “{¶ 21} Appellant contends the jury should have been instructed on the offense of physical control pursuant to R.C. 4511.194, a first-degree misdemeanor.”
Cleveland v. Sheppard, 2016 Ohio 7393 (Ohio Ct. App. 2016).
State v. Semenchuk, 2010 Ohio 4864 (Ohio Ct. App. 2010).
State v. Miranda, 2014 Ohio 5312 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 4511.194(B)(1) — 14 cases
State v. Husted, 2014 Ohio 4978 (Ohio Ct. App. 2014). “{¶5} On that same date Officer Shanks filed a complaint in the Chillicothe Municipal Court in the form of a uniform traffic ticket charging Husted with physical control in violation of R.C. 4511.194, a misdemeanor of the first degree.”
State v. High, 2017 Ohio 8264 (Ohio Ct. App. 2017). “High was charged with having physical control of a vehicle while under the influence of alcohol, in violation of R.C. 4511.194(B)(1) and (B)(2). He filed a motion to suppress, and a hearing was held on his motion.”
State v. Nelson, 875 N.E.2d 137 (Ohio Ct. App. 2007).
State v. Whitman, 2019 Ohio 2307 (Ohio Ct. App. 2019).
State v. Pope, 2023 Ohio 865 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 4511.194(B)(2) — 4 cases
State v. Hlinovsky, 2011 Ohio 6421 (Ohio Ct. App. 2011). “rresting officer lacked probable cause to approach a legally parked vehicle that was not violating any Ohio laws; 2) dismissing this case, or in the alternative, suppressing any chemical tests because the arresting officer lacked probable cause to approach the vehicle and the…”
State v. Taylor, 2013 Ohio 2035 (Ohio Ct. App. 2013).
State v. Bursey, 2021 Ohio 2857 (Ohio Ct. App. 2021).
State v. Harris, 2014 Ohio 2415 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 4511.194(D) — 5 cases
State v. Wilson, 2022 Ohio 3202 (Ohio 2022). “01(HHH), which defines “operate” as “to cause or have caused movement of a vehicle,” and enacted R.C. 4511.194, the separate offense of having 2 January Term, 2022 physical control of a vehicle while under the influence, which forbids a person from being intoxicated while “in…”
Disciplinary Couns. v. Spinazze (Slip Opinion), 2020 Ohio 957 (Ohio 2020).
Perrysburg v. Wells, 2019 Ohio 4620 (Ohio Ct. App. 2019).
State v. Lopez, 2024 Ohio 2394 (Ohio Ct. App. 2024).
State v. Thompson, 2024 Ohio 5533 (Ohio Ct. App. 2024).
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