Drunk Driving Cases
In Ohio and across the nation, it's against the law to operate a motor vehicle with a blood alcohol concentration of .08% or above. Just how much alcohol does it take to reach the legal limit? Unfortunately, there is no way to determine the exact effects of alcohol because alcohol affects each and every person differently. Factors that go into how quickly one's blood alcohol concentration rises include whether or not they drank on an empty stomach, their sex (females tend to get drunk faster), and their weight. Since there is no way of telling exactly how much it takes to become technically impaired, it's a good idea to avoid drinking and driving altogether. However, that's easier said than done.
Everyday people enjoy a glass or two of wine at dinner or they have a couple of drinks at the local bar while watching a Sunday football game. You can count on the fact that many of these people will get in their car afterwards and drive home; however, the vast majority of them never get caught. If you were one of the unlucky ones who were arrested for drunk driving, we don't want you to think that just because you were arrested it means that you must face the consequences because this isn't true, you can always fight your criminal charges and our experienced OVI attorney can carefully review and challenge any evidence against you, potentially making a huge difference in the outcome of your case.
Looking at Ohio State OVI Laws
Under Ohio law, drunk driving is known as an OVI, operating a vehicle under influence. You can be charged with an OVI for driving while under the influence of alcohol or any drug that may impair your driving ability or reaction time. This can include such substances as illegal drugs, prescription medicines, and even over-the-counter medications which can cause drowsiness and other problems.
Essentially you can be arrested for a OVI if your blood alcohol concentration is .08 or above or if proof can be given that reveals you were under the influence of some kind of drug substance at the time a law officer pulls you over. This law applies to those drivers that are 21 years of age or older, while those under the legal drinking age that are stopped by law officers must have a BAC of .02 percent or lower. Commercial drivers who drive a vehicle for a living must have their blood alcohol content level at .04 percent or below, otherwise they risk losing their job and their license.
Associated Penalties for a DUI
Facing the prospect of conviction for operating a vehicle under the influence can be terrifying and confusing. Many individuals may not even realize the severe nature of driving drunk and the associated consequences that come with it. Penalties may vary on the number of previous DUI charges, the occurrence of any accidents resulting in injury or death, and whether or not the driver cooperated with Ohio's complied consent law. The implied consent law dictates that an individual must agree to blood or breath testing if suspected of drunk driving or face suspension of the right to drive. The following are the potential penalties for OVI offenses:
First OVI:
- Fines ranging between $375 and $1,075
- Minimum of 3 days in jail
- 6 months to 3 years driver's license suspension
- May be required to attend a driver's intervention program, or other treatment program
Second OVI:
- Fines ranging between $525 and $1,625
- 10 days to 6 months jail term
- Mandatory assessment by an alcohol and drug treatment program
- 1 to 5 years driver's license suspension
- 90 days immobilization of the vehicle involved if it belongs to the offender
- 90 day impoundment of the vehicle's license plates if the vehicle belongs to the offender
Third OVI:
- Fines ranging between $850 and $2,750
- 30 days to 1 year in jail
- 2 to 10 years driver's license suspension
- Mandatory participation in an alcohol and drug treatment program
- Criminal forfeiture of the vehicle involved if it is registered in the offender's name
Fourth OVI:
- Fines ranging between $1,350 and $10,500
- Fourth degree felony offense
- 3 years to lifetime driver's license suspension
- Criminal forfeiture of the vehicle involved if it was registered in the offender's name
- Up to 5 years in prison
- Mandatory participation in an alcohol and drug treatment program
While these are the state mandated laws and penalties, there can be room for negotiation with a careful defense. Having the assistance of an attorney who truly cares about your case can make or break the end result. Of course the consequences listed above are merely the legal penalties and there are numerous other difficulties that can arise if convicted. Individuals may lose their jobs if they are required to drive to work, but no longer have their license.
Finding the Representation You Deserve
Drunk driving cases are often very technical in nature, involving scientific data concerning blood alcohol tests, equipment, and results. These cases can be very complex, which means you will need the legal assistance of a capable attorney. By consulting with a knowledgeable attorney at our firm immediately after an arrest, you may be significantly increasing your chances for a more positive outcome. Highly professional with a compassionate understanding for your situation, attorney Jones is prepared to handle your charges no matter how insignificant or complicated they appear.
View our firms profile at FindaDUIAttorney.com.