Have you been accused of driving under the influence in Ohio? If so, there are a number of things you should know about the OVI and DUI limit and the potential penalties you face for exceeding that limit. The first thing you should know is that the terminology in Ohio is a bit different than many other states: Rather than referring to drunk driving as driving under the influence (DUI), it is referred to as operating a vehicle under the influence (OVI).
The legal limit of alcohol impairment in which an adult is deemed too impaired to drive is .08 grams of alcohol per deciliter of blood. As explained by the National Highway Traffic Safety Administration, this volume of blood alcohol concentration dramatically increases the individual’s risk of having a crash. BAC is measured either by using a handheld device to measure the concentration in the breath or by a blood test. Some other facts about the OVI limit in Ohio include:
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Ohio’s penalty schedule for drivers who are over the OVI or DUI limit features stiffer penalties for those who have previously been convicted of an OVI charge in the state, those who are involved in accidents while impaired — particularly if someone was injured or killed as a result — and those whose blood alcohol concentration is higher than .17, indicating an extreme level of impairment. Here are the statutory penalties for receiving an OVI conviction in Ohio.
Driving or being in control of a vehicle while under the influence is a serious offense. Being charged and convicted for being over the DUI or OVI limit could result in severe consequences both in the present and in the future. If you have been charged with a DUI or OVI, it is essential to contact an Ohio DUI and OVI defense attorney to reach the best possible outcome for your case. This is not something that should be left up to chance. Contact us today to schedule 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.
The limit for OVI (operating a vehicle under the influence) in Ohio is a blood alcohol content (BAC) of .08%. Operating a vehicle with a BAC of .08% or higher will result in the possibility of an OVI charge.
An OVI charge (known elsewhere as a DUI) is a very serious offense in Ohio. A first-time OVI offense is generally a misdemeanor, but can still carry heavy penalties such as fines, jail time, and license suspension.
In the state of Ohio, the terminology used for driving under the influence is OVI instead of DUI. OVI stands for operating a vehicle under the influence. These terms are sometimes used interchangeably, but the official term in Ohio is OVI. Essentially OVI and DUI mean the same thing.
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.
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