When charged with an OVI the police are alleging that you operated a vehicle, streetcar, or trackless trolley under the influence of alcohol, a drug of abuse, or a combination of them.
WHAT ARE THE PENALTIES FOR AN OVI CONVICTION?
FIRST OVI CONVICTION:
An OVI conviction comes with serious consequences. The penalties for a low-tier first OVI conviction include:
Mandatory 3-days in jail up to 6-months or a driver intervention program
A fine of $375 to $1075
Class 5 license suspension
A high-tier OVI conviction includes higher level penalties such as:
Mandatory 6-days in jail up to 6-months or a driver intervention program
A fine of $375 to $1075
Class 5 license suspension
Driver Intervention: In lieu of jail, the court can sentence an offender to a suspended jail term and a 3-day driver intervention program. A suspended jail sentence simply means that if the offender does not abide by the courts sentence (going to driver intervention, paying the fine, etc.) the court can force the offender to a term of jail.
SECOND OVI CONVICTION:
The penalties for a low-tier second OVI conviction within 6 years of the first conviction include:
Mandatory 10-days in jail or house arrest and a jail term.
A fine of $525 to $1,625
Class 4 license suspension
Drug treatment program assessment
A high-tier OVI conviction includes higher level penalties such as:
Mandatory 20-days in jail or house arrest and a jail term.
A fine of $525 to $,
Class 4 license suspension
Drug treatment program assessment
THIRD OVI CONVICTION:
The penalties for a low-tier third OVI conviction within 6 years of the first conviction include:
Mandatory 30-days in jail or house arrest and a jail term.
A fine of $850 to $2,750
Class 3 license suspension
Drug treatment program assessment
A high-tier OVI conviction includes higher level penalties such as:
Mandatory 60-days in jail or house arrest and a jail term.
A fine of $850 to $2,750
Class 3 license suspension
Drug treatment program assessment
The court can also order that the vehicle involved be forfeited over to the State if it is registered to the offender.
WHAT ARE THE DEFENSES TO AN OVI CHARGE?
There are many factors to an OVI charge including:
Was the traffic stop even legal in the first place?
Did the officer read you Miranda rights if you were subject to custodial interrogation?
Was the sample taken within 3 -hours of the alleged violation? 4511.19(D)(1)(b)
Was the sample taken with consent or search warrant?
Was the blood or urine sample taken from a doctor, RN, EMT-intermediate, EMT-paramedic, or qualified technician, chemist, or phlebotomist?
Was the sample analyzed in accordance with director of health guidelines?
If the suspect was under arrest, did the officer advise the D that he has the right to have a doctor of his choosing administer another chemical test at his expense? 4511.19(D)(3)
Did the officer verbally and in writing advise D of the consequences of refusing to submit to the test and giving the test and having a prohibited concentration of alcohol or controlled substance? 4511.192
Did one or more persons witness the reading of the advisement and certify that fact by signing the form?
Did the officer strictly comply with standardized field sobriety testing? (SFST)
Did the officer and other agents involved substantially comply with the Ohio Department of Health rules relating to chemical testing?
Will I still be able to drive?
Yes, most of the time you will still be permitted to drive to work, school, home and other places. These privileges are requested by the court through a motion.
Below is a sample motion for driving privileges before driving privileges have been formally suspended:
If your license is suspended, it will cost $475 to have it reinstated with the Ohio BMV.
Have you or a loved one been charged with an OVI? Give me a call today to start your defense. (740) 771-8044 or (740) 450-6901
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