When you drive in Ohio while under the influence of alcohol or drugs, you violate Ohio Revised Code 4511.19. If a law enforcement officer arrests you for a DUI crime, even a first offense places you into Ohio’s criminal justice system. Ohio DUI penalties include jail time, vehicle forfeiture, license suspensions, fines, restricted plates, license points, ignition interlock, and treatment programs. Courts have some sentencing discretion, but all penalties increase with each successive conviction.
Under 4511.19, a person is guilty of a crime when they operate a vehicle while under the influence of alcohol, or a drug of abuse, or a combination of the two. Under ORC 4511.194 charges also apply when you have “physical control” of a vehicle while under the influence. Penalties vary based on tested alcohol levels, prior convictions, and whether a driver is under age 21.
An underage driver is considered DUI or OVI at lower test levels: 0.02% whole blood, .03% blood serum or plasma, .02g breath, .028g urine.
Ohio drug testing procedures detect drug concentrations and metabolites, which indicate drug use. Law enforcement systems currently test urine, whole blood, blood serum, or plasma for evidence of seven drugs. These include Amphetamine, Cocaine, Heroin, L.S.D., Marihuana (Marijuana), Methamphetamine, and Phencyclidine.
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!!
First-time DUI or OVI convictions with no alcohol test, low alcohol test, drug-use, and no DUI or OVI convictions in the past 10 years.
Courts have discretion when implementing optional penalties
First-time DUI or OVI Conviction with high alcohol test, or a test refusal with a prior conviction within 20 years
Second DUI or OVI conviction in 10 years: no alcohol test, low alcohol test, or drug-use
Second DUI or OVI conviction in 10 years with a high test or test refusal within 20 years
Third DUI or OVI conviction in 10 years: no alcohol test, low alcohol test, or drug-use
Third DUI or OVI conviction with a high test or a test refusal within 20 years
When you are arrested for an OVI or DUI crime in Ohio, the consequences can affect the rest of your life. You must have legal representation before you make your first court appearance. OVI and DUI defense attorneys stand with you throughout the legal process. They examine the evidence and help you plan the best course of action for your defense.
Driving or being in control of a vehicle while under the influence is a serious offense. Being charged and convicted of OVI in Ohio could result in severe penalties. 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 penalty for OVI in Ohio will depend on a number of factors. The primary factors are whether the driver has had any previous OVI convictions, as well as the details of their specific arrest. Ohio OVI penalties could include jail time, fines, license suspension, and party plates.
For a first time OVI in Ohio, there are a few different penalties that may be imposed. These possible penalties include jail time, probation, fines, license suspension, party plates, ignition interlock requirement, and points on your license.
An OVI is generally a misdemeanor offense in Ohio, but can sometimes be a felony. In order for an OVI to be a felony the driver generally must have had 3 or more previous OVI convictions in the past ten years (or five or more in the past twenty years). A felony OVI is also possible if someone was seriously injured or killed due to the actions of the impaired driver.
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?