Wilson, 2014 Ohio 3182

March 26, 2011: Wilson stopped for suspended license; strong odor of alcohol observed.
Wilson failed to present license/insurance; inventory revealed an open beer container on front passenger seat.
Wilson refused a chemical test after arrest; officer noted the refusal.
Grand jury indicted Wilson on two OVI counts (A)(1)(a) and (A)(2) and driving under suspension.
Jury convicted Wilson on all counts; court sentenced to jail, community control, and sanctions.
Court of Appeals remanded to correct verdict forms and vacate certain OVI felonies; opinions affirm in part, reverse in part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for OVI under 4511.19(A)(1)(a)	Wilson argues evidence failed to show actual impairment	State argues impairment can be shown by non-driving factors	Sustained? No; evidence sufficient to show impairment
Sufficiency of evidence for OVI under 4511.19(A)(2) (refusal)	Wilson asserts no outright refusal to test	State proves refusal under implied-consent statute	Conviction upheld for refusal element
Verdict forms fail to state degree/elevating elements under 2945.75	Two OVI verdicts lacked degree and prior-conviction element	McDonald controls; forms must show degree or aggravated element	Convictions vacated to two first-degree misdemeanors on remand

State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard for criminal convictions on appeal)
Dobbins v. Ohio Bur. of Motor Vehicles, 75 Ohio St.3d 533 (1996) (implied-consent refusal treated as test refusal regardless of counsel)
Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (thirteenth-juror weight of evidence principles)
State v. McDonald, 137 Ohio St.3d 517 (2013) (verdict form must state degree or aggravating element under 2945.75)
State v. Pelfrey, 112 Ohio St.3d 422 (2007) (verdict form prerequisites for enhanced offenses)
State v. Otten, 33 Ohio App.3d 339 (1986) (weight-of-the-evidence review framework)