Operating a vehicle while impaired (OVI) is a serious criminal offense in Ohio. While some OVI charges can be prosecuted as misdemeanors, there are also several instances in which you could face felony charges for driving under the influence (DUI).
If you have been accused and are unsure of where to turn for help, look no further than a top-rated Lancaster OVI lawyer from Koffel Brininger Nesbitt.
Our managing attorney, Brad Koffel, has been selected for inclusion in “Best Lawyers in America” for over 15 years running, and our firm is one of just four law firms ranked “Tier 1 Best Law Firms” by US News for DUI/OVI defense.
When you need a Lancaster criminal defense lawyer you can rely on to safeguard your future, you have found the right law firm to take on your case. Contact our legal team to schedule a confidential case assessment today to learn more about how you can take steps to avoid the fallout of a guilty verdict.
OVI Charges in Lancaster Should Be Taken Seriously
You can be charged with an OVI if you are in control of or operating a motor vehicle while impaired or under the influence of drugs or alcohol. The legal limit is measured through blood alcohol concentration (BAC) levels. The limit in Ohio is 0.08% under Ohio Revised Code Section 4511.19.
Your BAC levels, criminal history, and other factors can all determine the severity of the penalties you are facing. If you are charged with a first-offense misdemeanor OVI, you could expect to spend a mandatory minimum of three days in jail per the Ohio Supreme Court’s guide to Ohio Impaired Driving Law and as much as 180 days. You could also have your driver’s license suspended or be placed on probation.
If you have multiple DUI convictions on your record, you could expect enhanced Ohio OVI penalties. This includes your driving privileges being revoked for longer, higher fines and fees, and additional time in jail.
If you allegedly caused severe bodily injury or death due to a collision, you could be charged with vehicular manslaughter, vehicular homicide, or aggravated vehicular homicide under Ohio Revised Code Section 2903.06.
For a free legal consultation with a ovi lawyer serving Lancaster, call 614-884-1100
Lancaster OVI FAQ
What is the Difference Between an OVI and a DUI in Ohio?
The term OVI means “operating a vehicle impaired.” The term DUI means “driving under the influence.” However, in Ohio, they are often used interchangeably.
In January of 2005, according to the city of Berea’s OVI task force, the state of Ohio started using the term OVI to ensure that both drunk and drugged driving were covered under the statute. This way, individuals under the influence of drugs could be more easily charged. However, there are not two separate statutes for OVI and DUI charges.
What Happens if I Refuse to Blow into a Breathalyzer?
If you refuse to blow into a breathalyzer, you may be in violation of Ohio’s implied consent laws under Ohio Revised Code Section 4511.191. Here, all licensed drivers have given their implied consent to chemical blood alcohol content (BAC) testing when they are stopped by police for suspicion of drunk driving. If you refuse, you could face harsh penalties.
Ohio takes implied consent laws seriously. If you revoke your implied consent, you could be fined up to $375 and spend as much as three days in a Fairfield County jail. You may also have your driver’s license suspended for a minimum of one year.
How Long does the Prosecutor Have to File OVI Charges?
The length of time the district attorney has to file OVI charges against you will vary depending on whether you were charged at the misdemeanor or felony level. Since drunk driving is considered a wobbler offense, the aggravating or mitigating factors present could impact whether you are tried for a misdemeanor or a felony. If the prosecutor wants to charge you with a misdemeanor OVI, they must do so within two years.
However, if they want to charge you with felony DUI, they will have up to six years from the date of the offense to file formal criminal charges, according to Ohio Revised Codes §2901.13. Missing this deadline is not an option if they hope to prosecute. Failure to file charges before the statute of limitations runs out will prevent the district attorney from moving forward with the OVI charges against you.
Can I Get an OVI Expunged in Ohio?
Unfortunately, the state of Ohio does not allow drunk driving convictions to be expunged. Whether you were convicted of a misdemeanor or a felony-level DUI, OVI convictions are barred from expunction. This means your DUI conviction will remain on your criminal record for the rest of your life.
However, if you were only charged with a DUI but the charges were ultimately dismissed, this could be expunged from your record under Ohio Revised Codes §2953.32.
The stakes are high when you are looking at a lifetime of being recognized as a DUI convict. For this reason, it is of utmost importance that a Lancaster OVI lawyer gets your charges dismissed or work with the prosecutor to secure a plea agreement.
When is an OVI a Felony?
Your Lancaster OVI attorney will help you understand Ohio’s OVI laws and has seen that, in many cases, drunk driving charges can be prosecuted as misdemeanors. However, there are several instances in which your charges could be elevated to the felony level. These include:
- Having a prior felony DUI on your record
- Having four or more OVI convictions over the last 10 years
- Having six or more DUI convictions over the last 20 years
- Causing serious injury or death
Lancaster OVI Lawyer Near Me 614-884-1100
Meet with a Trial-Proven OVI Lawyer in Lancaster Today
While a DUI may not be the most serious crime you can be accused of committing, if anyone is seriously injured or killed as a result of drunk driving, the criminal consequences could be far more severe. If you hope to get back to your life sooner and avoid some of the harsh penalties that come with a conviction, you are going to need a powerful defense strategy. Begin formulating a plan as soon as you can.
Although you may not want to accept a plea bargain, doing so may be the best option, especially if you have a long track record of drunk driving convictions or an extensive criminal record.
Let a diligent OVI attorney in Lancaster from Koffel Brininger Nesbitt help you explore the best possible approach to your defense strategy. Complete our quick contact form or call our office to schedule your no-cost, risk-free consultation today.
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