Legal Question in DUI Law in Ohio

In Ohio, you will almost always be charged with OVI when an officer smells alcohol on your breath and you have been driving. There are two ways to get convicted of OVI, under the "impaired" charge (requiring the prosecutor to show that you had too much to drink--regardless of how little or how much-- to the point where it affected your driving) or under the "per se" charge (requiring the prosecutor to show that you were driving with a result on a valid test of .08 or higher regardless of whether it affected your ability to drive).