First DUI Offense
Arrested for OVI in Delaware?
Americans partake in drinking alcohol each and every day, especially beer and wine, it's been a part of our culture and the European culture for hundreds of years. Unfortunately, drinking alcohol and driving immediately afterwards is highly frowned upon and if you are caught with a blood alcohol concentration at or above the legal limit of .08%, you can face dire consequences.
Believe it or not, OVI is one of the most common offenses that are committed by every day people. Some of the types of people commonly arrested for OVI are soccer moms, doctors, teachers, and even members of law enforcement. However, it's these upstanding citizens and also young adults that are arrested that stand to lose a lot upon a conviction. Whether an OVI arrest suspends Dad's driver's license so he can't go to work, or if it suspends a college student's license so she can't drive to school, or if it puts an OVI conviction on someone's record, thus ruining their career, all of these negative ramifications can and do happen, and this is why it's so important that those that are arrested fight their charges to get them drastically reduced if not dropped altogether.
Penalties for a First Drunk Driving Offense
Under §45.119 of the Ohio Revised Code, anyone who is found guilty of operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination thereof is guilty of committing a misdemeanor of the first degree. The penalties for a first time drunk driving conviction in Ohio with a standard level of alcohol or controlled substance include the following:
- A mandatory jail term of 72 hours, but not more than 6 months;
- The court may impose an intervention program (at the person's expense);
- The offender may have to attend a drivers' intervention program;
- A fine ranging from $375 to $1,075; and
- Class 5 license suspension of the driver's license, or commercial driver's license, or permit, or non-resident operating privilege (6 months to 3 years).
High Level of Alcohol Violation
In Ohio, a driver is considered to have a high level of alcohol when their blood alcohol concentration (BAC) exceeds 0.17%. When a driver is found to have a high BAC at or above 0.17%, then they face additional consequences and penalties. If a driver is arrested for his or her first DUI/OVI offense with a BAC at or above 0.17%, and they don't have any prior convictions for DUI within the previous six years, then they will face the following: 1) 3 days mandatory jail term, 2) 3 consecutive days of a driver's intervention program, or a minimum of 6 days in jail (if the treatment is unavailable, or if the driver refuses to attend etc.), 3) treatment or education program which is recommended by an intervention program as a community control sanction, 4) fines ranging between $375 and $1,075, and 5) Class 5 judicial license suspension for 6 months to 3 years.
Contact a Qualified DUI Attorney
If you were arrested for DUI/OVI in Delaware or the surrounding areas, then it's critical that you schedule an appeal pursuant to Appeal RC 4511.197. You can appeal your administrative license suspension hearing at the (5 day hearing). The hearing will address critical issues, all of which will have an impact on whether or not your license is suspended. It's very important that you have an attorney represent you at this hearing because an attorney will be able to bring up your defenses at this point in time, which may save your driving privileges.
If you were arrested for DUI or OVI, we urge you to contact our firm at once. A criminal conviction and a license suspension can negatively impact many aspects of your life, and it can even cause you to lose certain promotions or job opportunities due to a criminal record. There are a number of ways that a DUI charge can be challenged, or at the very least mitigated. Often times having a highly experienced attorney by your side can make a huge impact on the outcome of your case, and having a good attorney is worth the expense in the long run. Should you go with our firm, we will do everything within our power to reduce if not eliminate the consequences that you are currently facing. If you are facing DUI charges, please call us today to schedule your initial consultation with one of our knowledgeable attorneys.