In Ohio, operating a vehicle under the influence (OVI) or driving under the influence (DUI) is the act of driving with a blood-alcohol level (BAC) typically of 0.08% or higher.
Does OVI Only Apply To Alcohol-Related Impairment In Ohio?
In Ohio, OVI is not limited to alcohol-related impairment, you can be under the influence of any kind of drug that is over the counter, illegal, or recreational. You can actually be charged with taking too much cough syrup if you are driving impaired. The law was changed to operating a vehicle under the influence from driving while intoxicated (DWI) to incorporate these other impairments.
What Questions And Information Is Someone Who Is Stopped By Law Enforcement Required To Provide During A Montgomery County OVI Investigation?
When you are being investigated for OVI you are required to provide your driver’s license. Typically, an officer will ask you “How fast were you driving?” or “Do you know why you were stopped?” and typically the less information you give is probably the better in this situation.
Should I Take The Blood Or Breath Test During An OVI Investigation Or Can I Refuse?
A breath test is specifically designed to give the state evidence to use against you. The adage “you have a right to remain silent” doesn’t apply to an OVI case. If you refuse to take the test, you will automatically lose your license for up to a year. For the question of whether you should take it or not…typically if you are guilty, it’s not best to give evidence to the police.
What Happens To My Driver’s License After An OVI Or DUI Charge In Green County, Ohio?
What happens to your driver’s license after an OVI charge depends on your driver’s license. If you are driving under suspension, they’ll immediately confiscate the license. Oftentimes, if it’s just a first offense, they may not take your driver’s license until your arraignment. Typically, it’s suspended pending the trial or adjudication in the matter, in which case you may be able to get driving privileges for work or school.
If Someone Doesn’t Remember Their OVI Arrest, How Will It Impact Their Case?
Not remembering your OVI arrest should not impact your case at all. You can usually get the details from other sources. Most times, there is camera evidence along with a police report. A good attorney can utilize those resources to formulate a defense.
What Are The Penalties For A DUI Or OVI Conviction In Ohio?
The penalty for OVI in Ohio depends on the number of OVIs you’ve committed or if you have any other prior offenses. Ohio has mandatory jail terms for OVI convictions:
- First time = three days
- Second time = ten days
- Third time = 30 days
- Four or more is a felony offense.
Typically, the court is required to issue those mandatory times, but most of the time with a first offense you can request the court to allow you to attend Weekend Intervention Program. The defendant would go to an intense therapeutic residence, usually at a hotel, for Friday through Sunday and that serves in place of the three-day sentence.
What Can An Experienced OVI Attorney Do To Mitigate My Conviction In Springfield, Ohio?
An experienced attorney can analyze the facts and circumstances of the arrest and if warranted, get the case dismissed. Other times, the attorney can get an OVI offense amended to a less serious offense, such as physical control, or with a high alcohol limit, you can get it reduced to a lower level. Most times, an attorney can negotiate with the prosecutor to reach an agreed sentence to present to the judge, which the judge will typically honor.
How Do You Advise People That Want To Plead Guilty To An OVI Charge In Ohio?
If you are considering pleading guilty to an OVI charge, you should know you are likely to have much more severe consequences if you mount a defense without legal counsel. Typically, it’s money well spent to avoid time in jail or maximum fines and costs
For more information on OVI or DUI Charges in Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.