Our state takes a tough stance on multiple OVI/DUI convictions. If you’re facing your 4th DUI or OVI in Ohio, it’s nothing to brush off. Depending on the specifics of your case and your prior record, you could stand to lose your vehicle, your driving privileges, and your freedom.
Your situation may seem hopeless, but it’s not. Our Ohio 4th DUI/OVI attorneys have helped many Cleveland residents defend themselves against a conviction. You need a strong defense strategy that includes a close examination of your arrest and other evidence.
Give our office a call today to discuss the specifics of your case.
If you’re arrested for your 4th OVI in Cleveland, the penalties could start before your first court date.
The way that the OVI laws are written in Ohio, you could lose your vehicle and your license before you are even convicted.
Ohio’s OVI/DUI laws are complex. Criminal penalties are based on several factors, including:
Even under the best circumstances, a 4th OVI/DUI conviction comes with harsh penalties that affect your future and your family. That’s why it’s in your best interest to speak with an Ohio 4th DUI attorney right after your arrest.
Ohio Revised Code (O.R.C.) § 4511.19 sets forth the state’s OVI laws. “Under the influence” pertains not just to alcohol, but to certain drugs as well. In Ohio, individuals break the law if they operate a motor vehicle while under the influence of:
A breathalyzer test is commonly used to determine an individual’s BAC. There are lower BAC limits for people under the age of 21. Substances other than alcohol can be detected in a urine or blood test.
I used Robert to help me fight a pretty steep speeding ticket. Robert was able to successfully get my ticket reduced to a 0 point violation and small fine.
We had an excellent experience with Mr. Botnick for a disorderly conduct charge. Very pleasant to work with, professional, and gave us a lot of confidence approaching the case.
I had a great experience with Mr. Botnick. He gave me an honest consultation about my speeding ticket that gave me confidence in his work.
Robert was able to get a fairly hefty traffic violation down to no conviction/no points. He is efficient and professional in his work. I highly recommend him in Northeast Ohio!
Mr. Botnick was very helpful in my time of need and accomplished the results I was honestly hoping to receive. I would certainly recommend reaching out to him if you are in need of help.
I worked with Robert to help fight my traffic ticket. He was incredibly responsive and helpful, and was able to keep two points off my ticket. Thank you again!!
An Ohio 4th OVI conviction results in both criminal penalties and Bureau of Motor Vehicle (BMV) penalties. If you’re convicted, you could be looking at:
You can expect to face stiffer penalties if you have multiple OVIs within the state’s lookback period.
A “lookback period” is the amount of time that a prior OVI conviction can be considered for any penalties for future OVIs. In Ohio, the lookback period for DUIs and OVIs is 10 years. However, that 10-year period can be extended under certain circumstances, including if you refuse to submit to a breathalyzer test.
As part of the Ohio BMV’s Administrative License Suspension you could:
It takes time and a considerable amount of money to have your driving privileges reinstated after a 4th OVI. Keep in mind that after you go through all of that, you will likely face sky-high insurance premiums and have to pay for an ignition interlock device.
Facing 4th OVI or DUI charges? Worried about what the criminal process will look like? If you are unsure of what to do next and need help navigating Ohio’s OVI and DUI laws, contact The Botnick Law Firm today for a free case evaluation.
Your future is at stake. Call us now to get the help you deserve. An experienced Cleveland OVI and DUI lawyer can help get you through this.
Contact us today for a FREE consultation.
The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.
When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.
After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.
You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.
Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.
In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.
If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.
In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.
Simply put, a fourth OVI conviction in Ohio can completely derail your life’s plans. You lose certain rights and privileges.
This is all in addition to jail time, license suspension, and fines.
The exact penalties depend on many factors, including your BAC level and any prior convictions. For most people, a conviction means both criminal penalties and Ohio BMV penalties. You’ll be looking at jail time, monetary fines, and a loss of driving privileges.
Unfortunately, in Ohio you cannot seal DUI or OVI convictions. These charges stay on your criminal record forever. Your best defense against an OVI conviction is to aggressively fight the charges from the moment you are arrested.
Our attorneys work hard for the best possible outcome for our clients. That could mean an acquittal, lighter sentencing, or a reduction in charges, but keep in mind that every case is unique. Once we sit down with you and discuss your charges, we can talk about what you can expect going forward.
We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.
The Prosecutor will not take your charges lightly — Will you?