The two main types of DUI offenses are:
- Appreciable Impairment
- “Per se”
With an Appreciable Impairment DUI charge, it is the State’s burden to prove that the suspect operated a motor vehicle in Ohio while having consumed either alcohol, drugs, or both, and appreciably impaired their ability to operate a motor vehicle.
A “Per se” DUI offense occurs when the suspect tests over the legal limit. The State has the burden to prove that the person accused of DUI operated a motor vehicle in the State of Ohio and did so while having a prohibited level of alcohol and/or drugs in their urine, breath or blood.