Fairfield County OVI Defense Lawyer
Operating a vehicle while intoxicated (OVI) is treated as a serious offense in Ohio. If you are convicted of a charge, you could face incarceration, fines, and the suspension of your driver’s license. Fortunately, an experienced Fairfield County OVI defense attorney can help you fight this charge to avoid a conviction or receive favorable terms through plea bargaining.
At Koffel | Brininger | Nesbitt, we have defended countless clients facing OVI charges. Our team of experienced Fairfield County criminal defense lawyers will work diligently on your behalf. Get in touch with us today and schedule your free initial case evaluation with a member of our legal team. We’re among the top one percent best lawyers in America.
For a free legal consultation with a ovi lawyer serving Fairfield County, call 614-884-1100
Penalties Following an OVI Conviction in Ohio
Following a conviction for an OVI in Ohio, there are a variety of penalties you will likely face. The particular consequences in your case will depend on several factors, including whether you have any previous OVI convictions on your record, whether anyone was injured in a resulting accident, and the discretion of the judge in your case.
Penalties for a First-Offense OVI Conviction
A first-offense OVI is charged as a first-degree misdemeanor in Ohio. The penalties you will face if convicted of this offense include:
- A mandatory jail sentence ranging from three to 180 days or attendance of a driver intervention program
- Suspension of your driving privileges for one to three years
- A fine of between $375 and $1,075
- Six points on your driver’s license
On top of these mandatory penalties, you could also face a variety of other consequences, including having to:
- Install an ignition interlock device (IID) in your vehicle
- Switch out your license plates for yellow plates
- Wear a secure continuous remote alcohol monitoring (SCRAM) ankle bracelet that constantly monitors your alcohol intake
- Serve probation
Penalties for Further OVI Convictions
If you have prior OVI convictions on your record during the previous 10 years, the penalties will increase with each additional conviction. This can end up resulting in an extended period of incarceration and the permanent revocation of your driving privileges.
OVIs Involving Accidents Where Other Parties Were Injured
If anyone was injured in an accident where you were charged with an OVI, the penalties can increase significantly. In this scenario, you will most likely be charged with aggravated vehicular assault, which is a third-degree felony. The prison sentence if convicted of this charge will be between one and five years.
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Most Common Defenses in OVI Cases
When charged with an OVI, you will have several options for defending yourself. The specific strategy your lawyer decides to use will depend on the details of your case. Some of the most common defenses in OVI cases include:
- You weren’t intoxicated
- Your rights were violated
- You weren’t operating the vehicle
You Weren’t Intoxicated
Arguing that you were not under the influence of drugs or alcohol is often an effective method of beating this charge. Your lawyer may choose this approach even if you tested positive for drugs or alcohol at the time of your arrest. Chemical testing has been proven unreliable, with frequent examples of false results due to human error and equipment malfunctions.
Your attorney will demonstrate the flaws in these testing methods and may even be able to prove that mistakes were made with your tests.
Your Rights Were Violated
If your rights were violated by law enforcement, the impact on your case can be substantial. In the most extreme cases, the charges against you may be dropped altogether. Some of the most common violations suffered by those charged with OVI include:
- Failure by the arresting officer to read you your Miranda rights
- The chain of custody being broken for evidence used in your case
- An unlawful search and seizure of your property
You Weren’t Operating the Vehicle
When law enforcement officers arrive at the scene of an accident, it is not always clear who was driving. Your attorney may be able to prove that you were not behind the wheel or at least cast reasonable doubt about who was operating the vehicle that caused the collision.
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A Fairfield County OVI Defense Lawyer May Be Able to Help Get You a Favorable Plea Deal
When arrested on an OVI charge, obviously, you will be looking to avoid a conviction by getting the charges dropped or securing a not-guilty verdict in court. However, in some cases, the evidence may be too overwhelming. If this is your situation, your best option may be to secure a case result that works for you through plea bargaining.
Plea deals can take many forms. Most often, a plea deal will involve pleading guilty to a lesser offense in exchange for the original charge being dropped. With an OVI case, this most often means pleading guilty to reckless driving. Another plea option may be to plead guilty to the original charge in exchange for receiving the minimum sentence.
Even if the prosecution has a strong case, they will often be willing to negotiate a plea deal. Prosecutors often carry large caseloads, so being able to quickly unload a case and mark it as a win may be the preferred outcome for the prosecutor in your case. Our team can help get you the best plea terms available. We bring calm to chaos.
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Get Help from an Experienced Fairfield County OVI Defense Lawyer Today
When facing an OVI charge, hiring an experienced Fairfield County OVI defense lawyer can mean the difference between your freedom and an extended period of incarceration. At Koffel | Brininger | Nesbitt, our team will work tirelessly to ensure the best possible outcome for your case.
Reach out to us today to schedule a free case consultation with a member of our team by completing our online contact form or giving us a call. You will feel better as soon as you talk to us.
Call or text 614-884-1100 or complete a Free Case Evaluation form
