What are the Ohio DUI laws, and if I am convicted of a DUI or OVI what will that mean for my future? These are some of the questions that may be running through your mind if you have just been charged with OVI or DUI in Ohio. It’s important to keep in mind that being charged is not the end of the line – you still have options! The Ohio DUI and OVI laws are understood to be strict, but they are not completely impossible to navigate as long as you have the right help. Do not give up on yourself or your future. It is crucial to make sure you have a full understanding of your situation, the Ohio DUI laws, and your particular charges in order to determine your best path forward.
According to Ohio DUI laws, it is illegal for anyone to operate any vehicle while they are presently under the influence of alcohol or drugs. In Ohio you might see several different acronyms for this particular offense. These acronyms include DUI, DWI, OMVI, and OVI. The most commonly used term in Ohio is OVI which stands for Operating a Vehicle Under the Influence.
Proving that someone is under the influence is most often accomplished by a blood or breath test. These are used to determine the Blood Alcohol Content (BAC) of the driver. Ohio DUI laws state that there is a strict BAC limit of .08 percent and if someone is operating a vehicle over this limit it is grounds for arrest. In Ohio, there is also an enhanced penalty if the driver is found to have a BAC over .17 percent.
Ohio also has what is called a DUI or OVI per se law. This means that even if you were driving the vehicle perfectly, and did not show any signs of intoxication or impairment, you could still be charged with DUI or OVI Per Se if your BAC is found to be above .08 percent. The penalties are generally the same for DUI/OVI and DUI/OVI per se, but these penalties do depend on other factors.
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According to Ohio DUI Laws, a first-time DUI or OVI is usually a misdemeanor charge. The possible penalties include:
According to Ohio DUI Laws, a second DUI or OVI within ten years is usually a misdemeanor charge. The possible penalties include:
According to Ohio DUI Laws, a third DUI or OVI within ten years is usually a misdemeanor charge. The possible penalties include:
In Ohio, a fourth (or subsequent) OVI or DUI within ten years is generally a felony. The possible penalties for a fourth or subsequent OVI (for a failed test or refused test) include:
According to Ohio DUI Laws, a fourth or subsequent DUI or OVI within ten years is usually a misdemeanor charge. The possible penalties include:
If you have been arrested or charged with DUI or OVI, you should contact a Cleveland OVI lawyer as soon as possible. It is crucial to have an experienced DUI and OVI lawyer in your corner to ensure you have the best possible chance at a favorable outcome for your case.
We understand that mistakes happen and that DUI/OVI cases affect people from all walks of life. An OVI or DUI case is not something you can truly prepare for, but we know the Ohio DUI laws and we can help when it happens to you or a loved one.
If you have been charged and need help navigating the complicated Ohio DUI laws, contact The Botnick Law Firm right away for a free case evaluation. You may even be able to keep your license. Call us today to get the help you need. An experienced Cleveland 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.
Jail time is a possibility (but not a requirement) for a first time DUI or OVI convictions. For a first-time offense, it is possible to get anywhere from 3 to 180 days of jail time depending on the details of the offense.
A DUI in Ohio can either be a misdemeanor or a felony. In order for a DUI or OVI to be a felony, it will need to be a person’s fourth or subsequent DUI or OVI in ten years or sixth or subsequent DUI or OVI in twenty years.
Orange license plates in Ohio are commonly referred to as “party plates”. These are license plates that may be required after someone is convicted of a DUI or OVI and they are used to signal to other drivers as well as police that you have been convicted of a DUI or OVI in the past.
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?