The Ohio physical control statute states:
“[n]o person shall be in physical control of a vehicle * * * if at the time of the physical control, * * * [t]he person is under the influence of alcohol, a drug of abuse, or a combination of them.”
That means that in order to prove a physical control charge, the prosecutor must show that the driver:
- Was in physical control of the vehicle (i.e. was in the driver’s seat, had access to the keys)
- Was under the influence of alcohol and/or a “drug of abuse” (i.e. prescription drugs or controlled substance)