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Facing OVI & DUI charges in Cleveland?

Have You Been Arrested For OVI or DUI In Cleveland, Ohio? Work With One Of The BEST DUI Attorneys in Cleveland — Mr. Botnick Will Work Hard To Get Your Charges Dropped

DUI/OVI charges can have detrimental impacts on your life, and the lives of those around you. Without the proper defense team, DUI charges can leave you struggling with demerit points, license suspension, criminal records, issues with employability, torn relationships, and even jail time. Whether this is your first offense, or you have been charged before, you are going to need an expert Ohio DUI Attorney to defend you in court.

If you’ve been charged with driving under the influence or any other criminal charge, expert negotiator, Mr. Botnick is here to FIGHT your charges to protect your future. Skilled in communicating with prosecutors, examining equipment, reviewing dash/body cam videos, and ultimately keeping your driving privileges — The Botnick Law Firm is focused on getting you the BEST verdict for your future. Schedule a consultation with our office today to start building your winning case.

 

 

 

 

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What happens if I get charged with OVI or DUI in Ohio?

Drunk driving laws in Ohio are some of the strictest in America — If an officer pulls someone over for suspicion of drunk driving they are going to conduct a breathalyzer test or some type of sobriety test. If you refuse to cooperate with the officer or decline the tests your license will be immediately revoked. To pass the breathalyzer test, you must produce a (BAC) blood alcohol concentration level below 0.08%, the legal limit. If you are charged with OVI or DUI in Ohio, regardless of the circumstances, you lose your license. Once you start driving again the courts often mandate ignition interlock devices to monitor the safe use of your vehicle. Here are additional penalties that are associated with recurring OVI/DUI charges:

  • 1st OVI/DUI – On a first offense you can be fined up to $1,075, and a few days in jail. An alcohol abuse program may be offered in place of jail time in some cases.
  • 2nd OVI/DUI – Second offenses can lead to as much as 6 months in jail. House arrest or other types of continuous monitoring may be mandated. Your license will be suspended for a minimum of 1 year.
  • 3rd OVI/DUI – Up to 1 year in jail and you can lose your license for up to 10. If this is within 6 years of your last OVI or DUI arrest you can now be charged with a felony. You can also expect to pay for any treatment programs mandated by the courts, as well as fines up to $2500.
  • 4th OVI/DUI – You will no longer be allowed to keep your car, it will be taken by the authorities. Fines can be as high as $10,000 with up to 5 years in jail. You may also lose your license forever.

 

What can an Ohio DUI attorney do for my case?

Being convicted of an OVI or DUI charge can be a life-changing experience for those involved. Many are concerned about their future, their ability to work, and their freedom — Left feeling like “life is over” after they’ve been arrested. An experienced Ohio DUI attorney can help you build a case to get the BEST verdict for your future. We focus on several factors in your arrest like why you were stopped, why you may have been tested, or if the tests were conducted properly. Contact us today for help defending your rights and freedoms.

Experienced Criminal Defense Lawyer

Get Help From An Experienced Ohio DUI Attorney

Contact an expert law firm with years of experience defending the criminally accused throughout Cleveland and across Northeastern Ohio. Work with an attorney who will do everything in their power to keep you out of jail, with a clean record. If you’ve been arrested for OVI or DUI — Contact Mr. Botnick as soon as possible to begin building a strong case to help save your employment, your family, and YOUR life. Schedule your consultation today.

 

TOP-RATED OHIO DUI ATTORNEY

Your choice of criminal defense attorney can be a life-changing decision. You need Ohio DUI attorney Robert Botnick with you in court to get you the BEST possible outcome for your case. The Botnick Law Firm is ready to FIGHT for clients facing OVI or DUI charges or any other criminal charges.

  • Quality Representation · Rewarding Results
  • Get The BEST Verdict For Your Future
  • Keep A CLEAN Criminal Record
  • Stay Out of Jail
  • 100% Confidential Consultation

Our #1 goal is to protect the rights and liberties of the criminally accused. If you are involved in an Ohio OVI or DUI charge, contact our office as soon as it is safe to do so. Mr.Botnick will help get you the best possible results for your case — Book a consultation today for assistance building your OVI/DUI defense.

 

 

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 is an ignition interlock device?

An ignition interlock device is a breathalyzer for your vehicle. Drivers who have been previously convicted of DUI/OVI charges can be mandated these machines by the courts. The drivers are responsible for the installation costs which are around $300, as well as monthly costs of over $100+. To start the vehicle, a driver must blow into this machine and pass the breathalyzer test. Drivers will also be required to take random tests while the vehicle is in motion. Any failures on this device will disable the vehicle and send the results back to the authorities.

What are the most common signs of drunk driving?

When police are on the road there are common signs they look for in other drivers that can be indicative of driving while under the influence:

  • Difficulty staying in your lane. It may appear that a driver is swerving in traffic or driving on the shoulder.
  • Impaired vision can cause drivers to see things on the road a rapidly come to a stop. They may even begin making frequent, unnecessary stops or slow-downs as they lose focus with the pedals.
  • A driver disregarding traffic laws can also be quite common. They may miss traffic signs and stoplights or drive very aggressively and tailgate other vehicles.

What happens on a first offense for an OVI or DUI in Ohio?

In Ohio, the rules are very strict. First offenses are typically only charged as a misdemeanor, however, the state has set mandatory penalties for OVI or DUI charges. Your licenses will be suspended immediately, you can face fines up to $1,075, and a minimum of 3 days in jail or a treatment program.

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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