A conviction for operating a vehicle while intoxicated (OVI) can carry severe penalties. Attempting to fight this charge on your own is unlikely to yield favorable results and could lead to an extended period of incarceration. Fortunately, an experienced Bexley OVI defense attorney can significantly improve your chances of beating a charge.
At Koffel | Brininger | Nesbitt, we have a proven track record of success representing people charged with OVI. Our team of Bexley criminal defense lawyers will work diligently to help you avoid a conviction and move on with your life. Reach out to us today and schedule your free, no-obligation case consultation. Our team has 30 years of experience and 300 five-star reviews.
Potential Punishments for an OVI Conviction in Ohio
If convicted of an OVI charge in Ohio, you could face severe penalties. The specific punishments you will face will depend on a variety of factors, including if anyone was hurt in a resulting accident, whether you have any prior OVI convictions on your record, and the leniency of the judge presiding over your case.
Penalties If Convicted of a First-Offense OVI
For a first-offense OVI conviction, you will be charged with a first-degree misdemeanor in Ohio. Penalties associated with a conviction include:
- Mandatory incarceration in jail of between three and 180 days or enrollment in a driver intervention program
- A fine ranging from $375-$1,075
- Suspension of your driver’s license for one to three years
- Six points added to your driver’s license
These mandatory penalties are not the only punishments you could face. The court could also order you to:
- Switch your license plates out for yellow plates
- Wear a secure continuous remote alcohol monitoring (SCRAM) ankle bracelet, which monitors your alcohol intake at all times
- Install an ignition interlock device (IID) in your car
- Serve probation
Penalties for Subsequent OVI Convictions
For those with a prior OVI conviction on their record in the past 10 years, the potential penalties will increase. For each additional conviction, the penalties will rise and can result in an extended period of incarceration and the permanent loss of your driving privileges.
OVIs Involving Injuries to Other Parties
When charged with an OVI in an accident where another party suffered an injury, you can face additional charges if you are determined to be at fault. In most cases, you will be charged with aggravated vehicular assault, which is a third-degree felony carrying a mandatory prison term of between one and five years.
Our team is ready to help you fight back against any charge. We are the firm other law firms use and recommend.
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How a Bexley OVI Defense Lawyer Can Help You Secure a Favorable Plea Deal
When arrested for OVI, you will ideally be looking to get the charge dropped or receive a not-guilty verdict at trial. Unfortunately, if the evidence against you is overwhelming, these outcomes may not be realistic. In these situations, an experienced lawyer may be able to help you secure a favorable case result by plea bargaining with the prosecution.
There are multiple types of plea deals. Most commonly, a plea deal involves the prosecution dropping the initial charge in exchange for you pleading guilty to a less significant offense. For an OVI case, this could mean pleading guilty to reckless driving. Alternatively, you may be offered the minimum sentence available if you plead guilty to the initial charge.
Even when the prosecutor has a very strong case, they will often be willing to negotiate a plea deal. Prosecutors typically carry a large caseload and are glad to get cases off their desk quickly, which they can chalk up as wins. Our lawyers can help ensure you get the best deal possible. Reach out to us today. You’re just one call away from feeling better.
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Defenses Commonly Used in OVI Cases
When faced with an OVI charge, there are many possible defenses your OVI defense attorney can use to help you avoid a conviction. The specific details of your situation will determine the best approach to take. Some of the arguments your lawyer may make include:
- Your rights were violated
- You weren’t intoxicated
- You weren’t operating the vehicle
Your Rights Were Violated
If you suffered a violation of your rights by law enforcement, the consequences on your case could be significant. In extreme cases, a violation of your rights can even lead to dismissal of the charges you face. Some of the rights violations most commonly seen include:
- Not being read your Miranda rights by the arresting officer
- A break in the chain of custody for a piece of evidence in your case
- The carrying out of an unlawful search and seizure
You Weren’t Intoxicated
If you were not under the influence of drugs or alcohol while operating your vehicle, you have not committed an OVI offense. While a chemical test can seem like difficult evidence to contradict, the truth is that these tests are notoriously unreliable. Malfunctioning equipment and human error often cause false readings.
Your attorney can work to demonstrate the poor quality of these testing procedures and may even be able to prove that errors were made with your tests.
You Weren’t Operating the Vehicle
If your OVI arrest occurred after an accident, your attorney may be able to argue that you were not operating the vehicle involved in the collision. When police officers arrive at an accident scene, it is not always clear who was behind the wheel. Your lawyer can attempt to prove that you weren’t operating the vehicle or at least create reasonable doubt about your involvement.
Our team is ready to craft the defense that works best for you. Get in touch today. We are available seven days a week from 7 am to 10 pm.
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Reach Out to an Experienced Bexley OVI Defense Lawyer Today
When charged with an OVI, the best way to put yourself in a position to secure a favorable outcome is by hiring an experienced Bexley OVI defense lawyer. At Koffel | Brininger | Nesbitt, we bring calm to chaos after an arrest. Our team will work diligently to secure a favorable outcome for your case.
Get in touch with us today to schedule a free case review by giving us a call or completing our online contact form.
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