Marion OVI Defense Lawyer
Following an arrest for operating a vehicle while intoxicated (OVI), hiring an experienced attorney to represent you can be essential. Attempting to fight an OVI charge without legal representation will likely lead to receiving severe penalties, including time in jail or prison. Fortunately, by hiring a Marion OVI defense attorney, you may be able to beat the charges.
At Koffel | Brininger | Nesbitt, we will work diligently to get the charges against you dropped, negotiate a favorable plea deal, or secure a not-guilty verdict in court. Get in touch with us today to schedule a free case evaluation with one of our experienced Marion criminal defense lawyers. We bring calm to chaos.
For a free legal consultation with a ovi lawyer serving Marion, call 614-884-1100
Penalties If Convicted of an OVI in Ohio
Those convicted of an OVI in Ohio face strict penalties. The severity of the punishment for a conviction will depend on multiple factors, including whether you have previous OVI convictions on your record, if anyone was hurt in a resulting accident, and the judge’s leniency.
Penalties for a First-Offense OVI Conviction
If you have no prior OVI convictions, a first offense is treated as a first-degree misdemeanor in Ohio. The punishments for a conviction include:
- A mandatory jail term ranging from three days to 180 days or participation in a driver intervention program
- Suspension of your driver’s license for between one and three years
- A fine of $375 to $1,075
- Six points on your driver’s license
Beyond these mandatory penalties, you could face additional consequences, including:
- Having to wear a secure continuous remote alcohol monitoring (SCRAM) ankle bracelet at all times, which monitors your alcohol intake
- Having to change the license plates on your car to yellow plates
- Having to install an ignition interlock device (IID) in your vehicle
- Probation
Penalties for Additional OVI Convictions
Those who have prior OVI convictions on their record from the past 10 years will face more severe penalties with each subsequent conviction. These penalties can include extended time behind bars and permanent revocation of your driver’s license.
OVIs Resulting in Accidents and Injuries
When you are charged with an OVI after being involved in an accident that resulted in injuries to another party, the potential penalties for a conviction can be severe. In addition to an OVI charge, if it is determined that you were responsible for the accident, you could also face a charge for aggravated vehicular assault.
This charge is a third-degree felony that carries a mandatory prison term of one to five years.
No matter the charge you are facing, our team is here to help. Since 1993, we are the firm other lawyers call.
Marion OVI Lawyer Near Me 614-884-1100
Common Defenses in OVI Cases
When attempting to beat an OVI charge, there are a variety of defenses your OVI defense attorney in Marion can use on your behalf. They will choose the best approach to take based on the specifics of your case. Some of the most commonly used defenses include:
- Your rights were violated
- You weren’t driving
- You weren’t intoxicated
Your Rights Were Violated
If your rights were violated by law enforcement in any manner, the impact on your case can be substantial. In some cases, a violation of your rights can even result in the court dropping the charges against you. Some of the most common rights violations include:
- The arresting officer neglecting to read you your Miranda rights
- A break in the chain of custody for a piece of evidence against you
- An unlawful search and seizure of your vehicle
You Weren’t Driving
If you were arrested on an OVI charge after an accident, your lawyer may be able to argue that you were not driving. When law enforcement arrives at the scene after an accident, it is not always clear who was behind the wheel during the crash. Your attorney may be able to prove that you were not operating the vehicle or at least create reasonable doubt.
You Weren’t Intoxicated
If you were sober at the time of the accident, you should not be convicted of an OVI charge. Even if you tested positive for drugs or alcohol, your lawyer may be able to argue that you were not intoxicated. Chemical testing is notoriously unreliable, with equipment malfunctions and human error frequently leading to false positives.
Your attorney can show the faults in the testing system and may even be able to prove that errors were made in your case.
We’ll be sure to build the best possible case on your behalf. You will feel better as soon as you talk to us.
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Your Marion OVI Defense Lawyer Can Help With Plea Bargaining
When facing an OVI charge, your ideal outcome will be to get the charge dropped or secure a not-guilty verdict in court. However, these outcomes are not always feasible. Sometimes, the evidence against you is too overwhelming. In these cases, your best option for securing a favorable case result is likely going to be through plea bargaining.
A plea deal can take many forms. Often, it involves pleading guilty to a lesser charge in exchange for the more serious charge being dropped. In an OVI case, this could mean pleading guilty to reckless driving, which carries less severe penalties. Alternatively, you could plead guilty to the original charge and receive the minimum sentence available.
You should note that prosecutors will often agree to plea deals even if their case is strong. When you accept a plea deal, the prosecutor can mark it up as a win. With the large caseloads these attorneys often carry, a quick win is usually the preferred option outcome. Let our team get started on your case today. We’re available seven days a week, from 7 am to 10 pm.
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Get Started on Your Case With Help from an Experienced Marion OVI Defense Lawyer Today
When facing an OVI charge, hiring an experienced lawyer is the best way to get an outcome you can live with. At Koffel | Brininger | Nesbitt, we have helped countless people arrested for OVI beat the charge or secure a favorable plea deal.
Reach out to us today by phone or through our online contact form to schedule your free initial case review.
Call or text 614-884-1100 or complete a Free Case Evaluation form