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Facing 4th DUI or OVI charges in Cleveland?

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.

CLEVELAND, OHIO 4TH DUI OR OVI

If you’re arrested for your 4th OVI in Cleveland, the penalties could start before your first court date.

  • The police may impound your vehicle at the time of your arrest. If that happens to you, you’ll have to pay a towing fee, as well as a daily storage fee.
  • If, when you were pulled over for OVI and your sobriety test results show that you were over the legal limit, or you refuse to take a test, the police can also take your driver’s license right on the spot. This is called an Administrative License Suspension.

The way that the OVI laws are written in Ohio, you could lose your vehicle and your license before you are even convicted.

HERE IS WHAT YOU CAN EXPECT FROM A 4TH DUI OR OVI IN OHIO: 

Ohio’s OVI/DUI laws are complex. Criminal penalties are based on several factors, including:

  • Your blood alcohol concentration (BAC)
  • The level of other drugs in your system
  • Whether you refuse a breathalyzer, and
  • Any prior convictions

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 4TH DUI OR OVI LAWS

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:

  • Alcohol
  • Amphetamine
  • Cocaine
  • Heroin
  • LSD
  • Marijuana
  • Methamphetamine
  • Phencyclidine, also called “angel dust”

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.

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OHIO 4TH DUI OR OVI PENALTIES

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:

  • Jail time. Incarceration is precious time away from your job and your loved ones.
  • License suspension or revocation. You may lose the right to drive for an extended period of time.
  • For three or more OVI convictions within the three years, the Ohio BMV can enforce a “Habitual Alcohol & Drug Use Suspension.” You’ll be required to attend a treatment program and then maintain six months of continuous sobriety before you can get your license back.
  • Monetary fines. Hefty fines only add to the financial burden of a 4th OVI.
  • “Party Plates.” You could be forced to put so-called “Ohio party plates” on your car, those distinctive bright yellow license plates with red lettering. This is an embarrassment not just for you, but for anyone else who drives your car, including your spouse and children.
  • Ignition Interlock. If and when your driving privileges are reinstated, you may be required to have an ignition interlock system in your vehicle. You are responsible for the cost of installation and any monthly fees. These devices require regular maintenance and calibration by the service provider, which is also at your expense.
  • Alcohol or Drug Assessment. The state may require you to be assessed for alcohol or drug addiction.

You can expect to face stiffer penalties if you have multiple OVIs within the state’s lookback period.

LOOKBACK PERIOD FOR OHIO DUIS AND OVIS

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.

REINSTATEMENT OF DRIVING PRIVILEGES AFTER A 4TH DUI OR OVI

As part of the Ohio BMV’s Administrative License Suspension you could:

  • Have your license suspended for up to five years,
  • Still have to pay for insurance coverage through the end of your suspension, and
  • Be required to pay a reinstatement fee

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.

Experienced Criminal Defense Lawyer

Cleveland, 4th DUI or OVI Attorney Near You

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.

 

 

 

 

 

 

Process step-by-step

  • 01.
    Initial Arrest
    01

    01. Initial Arrest

    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.”

  • 02.
    Reading Your Rights
    02

    02. Reading Your Rights

    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.

  • 03.
    Booking
    03

    03. Booking

    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.

  • 04.
    Investigation
    04

    04. Investigation

    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.

  • 05.
    Court Appearance
    05

    05. Court Appearance

    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.

  • 06.
    Hearing
    06

    06. Hearing

    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.

  • 07.
    Discovery
    07

    07. Discovery

    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.

  • 08.
    Trial
    08

    08. Trial

    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.

  • 09.
    Sentencing
    09

    09. Sentencing

    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.

Ohio Felony Sentencing

Degree
Prison TIme
Maximum Fine
First Degree
3-11 years
$20,000
Second Degree
2-8 years
$15,000
Third Degree
9-36 or 12-60 months
$10,000
Fourth Degree
6-8 months
$5,000
Fifth Degree
6-12 months
$2,500

Ohio Misdemeanor Sentencing

Degree
Jail Time
Maximum Fine
First Degree
Up to 180 days
$1,000
Second Degree
Up to 90 days
$750
Third Degree
Up to 60 days
$500
Fourth Degree
Up to 30 days
$250
Minor Misdemeanor
None
$150

Frequently Asked Questions

WHAT HAPPENS WHEN YOU GET A FOURTH DUI OR OVI IN OHIO?

Simply put, a fourth OVI conviction in Ohio can completely derail your life’s plans. You lose certain rights and privileges.

  • You could be denied entry into other countries. This could interfere with your and your family’s plans for vacation, work, or education.
  • You could lose the right to possess a firearm. O.R.C. § 2923.13 prohibits individuals from owning a firearm if they are convicted of a “felony offense of violence” or are deemed “drug-dependent, in danger of drug dependence, or a chronic alcoholic.” That means sitting out of hunting season and saying goodbye to your CCW (“carrying a concealed weapon”) license.
  • You’ll have a lifelong criminal record. In Ohio, certain criminal records are eligible for “sealing” after a certain amount of time. A sealed record is not accessible by the general public, including potential employers. However, Ohio traffic offenses including OVIs and DUIs can not be sealed. An OVI charge will stay on your record indefinitely.

This is all in addition to jail time, license suspension, and fines.

WHAT IS THE PENALTY FOR A 4TH DUI OR OVI IN OHIO?

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.

HOW LONG DOES DUI OR OVI STAY ON RECORD IN OHIO?

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.

Ohio Courts System

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?


Experienced in all Northeast Ohio Courts and Northern District of Ohio

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