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4.6 stars | 51 reviews
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4.6 stars | 51 reviews
Getting your first OVI/DUI may feel like the end of the world, but it does not have to be. We work with you to make sure you understand the process and get the best results. I am Certified in DUI Detection & Standardized Field Sobriety Testing (SFST). That means I have been through the same training as these police officers, and know the tricks that they use!
Generally speaking, an OVI means Operating a Vehicle Impaired. The issue comes in when we get into what impaired means. One is impaired when they have a Blood Alcohol Concentration (BAC) level of .08 or higher. Impairment can also be induced by marijuana, cocaine, and many other popular drugs. Impairment may also through actions and Standardized Field Sobriety Testing (SFST). A DUI/OVI conviction has consequences that will affect your life for years to come.
On its face this seems like a simple question. However, it is a little more complicated than that. There are three ways the arresting officer may test for the legal limit: (1) breath; (2) blood; and (3) urine. The breath limit for Ohio is .08 of one gram of alcohol per 210 liters of a person’s breath. Ohio has a limit of .08% per unit volume of alcohol in the offender’s blood. The limit for a urine test is .11 of one gram of alcohol per 100 milliliters of the driver’s urine.
Typically a misdemeanor of the first degree under Ohio Revised Code § 4511.19, and occurs if someone operates any vehicle, under the influence of alcohol, controlled substance, or combination of alcohol and controlled substances, and their BAC was over the legal limit of .08%.
Usually a misdemeanor of the first degree and occurs when a person operates a vehicle within six years of a prior OVI conviction under the influence of alcohol, controlled substance, or combination of both, and has a BAC of .08% or higher.
Usually a misdemeanor and occurs when a person operates a vehicle within six years of two prior OVI convictions under the influence of alcohol, controlled substance, or a combination of both, and has a BAC of .08% or higher.
Occurs if someone has been convicted of three or four previous OVI violations within six years of the current OVI charge or five OVI convictions within 20 years of the current OVI charge. These offenses are felonies of the fourth degree.
Occurs when a person operates a vehicle while under the influence of drugs or alcohol with a BAC over the legal limit, and causes serious physical harm to another person or unborn baby, and can be a felony of the second or third degree.
Can either be a felony of the first or second degree and occurs when a person operates a vehicle while under the influence of drugs or alcohol with a BAC over the legal limit and causes the death or unlawful termination of another’s pregnancy.
Having a driver’s license is a privilege. If you are charge with an OVI/DUI or refuse to take a chemical blood, breathe, or urine test, your license can be suspended. Ohio has an implied consent law. This means that you are deemed to have consented to a chemical test of your blood, breath or urine if you are arrested for OVI. If you refuse to take the test, then you will face penalties.
Then your Ohio driver’s license will be suspended for the following length of time:
For drugs or alcohol in your system that meets or exceeds the limits discussed above, then your license will be suspended for:
An administrative license suspension is not the only issue you face in an OVI case, there are also criminal charges and penalties. The penalties of DUI/OVI in Ohio are based on: (1) the number of previous convictions you have had within the last 10 years; and (2) your BAC level.
In Ohio, the look-back period for OVI/DUI offenses is 10 years. If you had one prior OVI/DUI conviction in the past 10 years, and are charged with a second OVI/DUI offense, the new charge will be considered your second OVI/DUI. Additionally, if you were previously charged with an OVI/DUI offense and refuse to take a chemical breath, blood or urine test, the look-back period is extended from 10 to 20 years.
For each consecutive offense within the look-back period , the penalties for an OVI/DUI conviction will increase in terms of fines, length and terms of license suspensions, and length of mandatory confinement and alcohol awareness/treatment programming. A felony charge may result in a long prison term, mandatory alcohol or drug treatment, a permanent driver’s license suspension, forfeiture of your vehicle, and expensive fines.
In Ohio, anyone who operates a motor vehicle under the influence of alcohol, with a BAC of .17% or higher may be charged with an aggravated or high test DUI. Otherwise, if your BAC tested at .08% to .16%, you will be charged with a standard DUI. The penalties for a standard (low tier) OVI conviction may include:
If you are convicted of a low-tier OVI, the judge may order you to participate in the Community Control Sanction. This sentencing alternative will reduce your jail time, and require you to complete a treatment program and:
If you are convicted of a high test or aggravated OVI, then you will face the following additional penalties:
A judge may also order substance abuse treatment in any OVI. This is an option for first-time offenders, but second offenders must complete a substance abuse assessment, and third offenders are required to undergo treatment.