In Ohio, it is unlawful to operate a motor vehicle while impaired by alcohol, drugs or both. While it is impossible to determine the exact effects of alcohol for each individual, a number of factors are relevant in determining how quickly a person’s blood alcohol concentration will rise. These include whether the person is male or female (females tend to become drunk quicker), the weight of the person, and whether they have eaten anything recently. Since determining how much alcohol will make a person drunk is difficult, it is a good idea to not drink and drive at all.

Just because you were arrested for DUI / OVI does not mean that you must suffer the consequences. As always, you can fight the DUI / OVI charges with the assistance of Attorney David Johnson of Johnson Legal, LLC. Attorney Johnson will carefully scrutinize the charges against you and challenge the evidence put forth. The police are required to follow very specific guidelines in conducting field sobriety tests and they sometimes fail to meet those requirements. Contact Johnson Legal, LLC immediately if you are arrested for DUI / OVI .

Ohio DUI / OVI Laws

In Ohio, OVI is the legal term for the more common phrase “DUI.” OVI is operating a vehicle under the influence. This applies to both operating a vehicle while under the influence of alcohol and drugs. An adult driver can be arrested for operating a motor vehicle with a blood alcohol content of 0.08% or greater, or for operating a vehicle while impaired. This also applies to underage drivers who have a blood alcohol content of 0.02% or greater, or for operating a vehicle while impaired.

DUI / OVI Penalties in Ohio

Penalties for DUI / OVI vary based on a number of factors, including:

• Whether the person has any previous convictions for DUI / OVI;
• The number of convictions within the past 10 years;
• Whether the person cooperated with law enforcement as required under Ohio’s implied consent law; and
• Whether there was an accident that occurred because of the intoxicated driver.

Here is a list of some the potential fines and penalties for DUI / OVI offenses:

First DUI / OVI:

• Typically a 1st degree misdemeanor
• Fine of $375 – $1075
• Mandatory 3 days in jail
• 1 – 3 year driver’s license suspension
• May be required to attend a driver’s intervention program

Second DUI / OVI:

• Typically a 1st degree misdemeanor
• Fine of $525 – $1625
• 10 days – 6 months in jail
• Mandatory drug and alcohol assessment by the court
• 1 – 7 year driver’s license suspension

Third DUI / OVI:

• Misdemeanor
• Fine of $850 – $2750
• 30 days – 1 year in jail
• 2 – 12 year driver’s license suspension
• Mandatory drug and alcohol treatment program
• Criminal forfeiture of the vehicle

Felony DUI / OVI:

• Occurs if someone has been convicted of at least 3 previous DUI / OVI violations in the last 10 years of the current charge, or 5 DUI / OVI convictions within the last 20 years of the current charge.
• 4th degree felony
• Fine of $1350 – $10,500
• 60 days – 5 years in prison
• Class 2 license suspension
• Mandatory drug and alcohol treatment program
• Criminal forfeiture of the vehicle

In addition to the penalties outlined above, a DUI / OVI conviction can result in higher car insurance rates, points on your driver’s license and a reinstatement fee, yellow license plates, an ignition interlock device, secure continuous remote alcohol monitoring (SCRAM), and negative effects on employment and professional licensing. Repeat DUI / OVI offenders may be placed on the Habitual Offender Registry.

Administrative License Suspension (ALS)

The implied consent law mandates that a person must agree to blood, breath or urine testing if an officer suspects them of drunk driving. Refusing to agree to these tests dictates suspension of the right to drive. This suspension is automatic. A person who’s license has been suspended has 30 days to request a hearing to review the suspension.

Ohio DUI / OVI Defenses

Several defenses exist for DUI / OVI charges. First, the testing of your blood, urine or breath can lead to false results if the tests were not administered properly. The tests can also be inconclusive, tainted by outside factors, or the breathalyzer machine may have not been calibrated properly.

Other possible defenses include the arresting officer not reading you your Miranda rights, violation of your Miranda rights, not having probable cause to stop your vehicle in the first place, and the field sobriety tests not being conducted in substantial compliance with the National Highway Traffic Safety Administration (NHTSA) manual.

Additional DUI / OVI Information

DUI / OVI FAQ

DUI / OVI Court Process

DUI / OVI Field Sobriety Tests

Driver Intervention Programs

Yellow License Plates

Secure Continuous Remote Alcohol Monitoring (SCRAM)

Ignition Interlock

Driving Privileges

Vehicle Forfeiture and Immobilization

Ohio DUI / OVI Driver’s License Points

Court Suspension of License

Reinstatement of Driver’s License

For more information, consult Johnson Legal, LLC’s DUI / OVI blog.

Columbus and Delaware, Ohio DUI / OVI Attorney

While the penalties outlined above are mandated by the state of Ohio, an attorney can negotiate with the prosecution for a better outcome. Having an attorney can make the difference in whether the prosecution will be able to prove their case or negotiate for a plea agreement.

Drunk driving cases are very technical and can be complex. This means that you will need the assistance of a capable and dedicated attorney. Contacting an attorney immediately after a DUI / OVI arrest will significantly increase your chances of a better outcome.

Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI charge in Columbus or Delaware, Ohio.

Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County and Delaware County