In Ohio, an OVI conviction has serious consequences. For a first time conviction, the person is looking at a minimum of three days in jail up to six months, fines from $375 to $1,075, and a driver license suspension from one to three years. The person may serve the three days in a driver intervention program. If it is the person’s second OVI within 10 years, the penalties increase to 10 days to six months in jail, fines of from $525 to $1,625 and a driver license suspension of from one to seven years. A third OVI conviction within 10 years, will result in from 30 days in jail to up to one year, fines of from $850 to $2,750, and a driver license suspension of from two to 12 years. An OVI conviction can also increase insurance premiums and affect both current as well as future employment. Because these consequences are so far reaching, it is imperative that a person understands all their options by seeking legal advice from an experienced OVI attorney.
Will I Lose My Driver’s License if Charged with an OVI in Ohio?
If a person is charged with an OVI, their driver license is confiscated by the police through an Administrative License Suspension(ALS) imposed by the Bureau of Motor Vehicles (BMV) and suspended for a limited amount of time. This occurs if the person either tests over the blood alcohol concentration (BAC) of the legal limit of .08 or refuses the test. The suspension can be appealed within a certain amount of time and unless stayed, will remain in effect during the appeal process. After convicted of an OVI, the court can also suspend their driver license depending on how many prior OVI convictions a person has had. A person will also be able to seek driving privileges during the suspension but may need to install an ignition interlock on their vehicle and use restricted plates.
Can I Be Stopped By the Police for Suspected Drunk Driving?
Prior to an OVI arrest, the officer must have reasonable suspicion to make an initial traffic stop. Once stopped, they will observe your behavior, and request your driver license, vehicle registration, and proof of vehicle insurance. If suspicious that you are intoxicated, they may ask you to perform field sobriety tests by walking in a straight line, standing on one leg, or following a pen with your eyes. The officer may ask you to take a portable alcohol breath test. and will ask you to take an alcohol breath test to measure your blood alcohol concentration (BAC).
What Happens After Failing a Field Sobriety or Breathalyzer Test?
Once arrested, the officer will take your driver’s license and not allow you to drive the vehicle. You will head down to the police station where you will be asked to take an alcohol breath test to measure your blood alcohol concentration(BAC). Once done, you will be given a court date to start the OVI process. If convicted of a first time OVI, you will be looking at fines of up to $1,075, 3 to 6 months in jail, a license suspension, potential ignition interlock device(IID), and restricted license plate. If a repeat offender, the penalties become more severe.
Do I Need a Lawyer for a Drunk Driving Charge in Ohio?
Your criminal defense lawyer can analyze your case to present a number of possible defenses depending on the facts. To defeat the OVI charge, you can challenge the traffic stop by looking at lack of probable cause for the stop. You can also challenge the field sobriety tests due to inaccurate or improperly administered tests. Disputing the chemical test results can result in suppression of the tests. Both Miranda rights and illegal search and seizure violations are available to suppress both statements and evidence at trial. Medical conditions can be raised that would have affected the field sobriety tests.
How Much Does a Criminal Defense Attorney Cost for an OVI Charge?
The cost of retaining an OVI attorney varies based on the complexity of the case, the geographical location, and the experience of the attorney. The fees can range from $1,500 to $4,000. These fees can be more with subsequent offenses or if the case involves more complex legal analysis.
Dennis P. Sawan
