Operating a vehicle impaired (OVI) is a serious offense. You can contest an OVI charge. To do so, it may be beneficial to partner with a Morrow County criminal defense lawyer.
For over 30 years, the criminal defense lawyers at Koffel Brininger Nesbitt (KBN) has been helping people dispute criminal charges. Our Morrow County OVI lawyer is available to discuss your case and review your legal options with you. To learn more, contact us today.
OVI Definition
If a person is using drugs or alcohol and operating a motor vehicle, they may be charged with an OVI. There are rules in place relating to the charge, per Ohio Revised Code §4511.19. These include:
- It is illegal for an individual to operate a vehicle after they have used drugs, alcohol, or both.
- A person may not have a blood alcohol concentration (BAC) of more than .08%.
- If an individual has a BAC of .17% or higher, they may face enhanced penalties.
An OVI conviction may affect you long into the future. At KBN, our Morrow County OVI attorney may be able to help you avoid severe legal penalties relating to your charge. For more information, reach out to us.
For a free legal consultation with a ovi lawyer serving Morrow County, call 614-884-1100
How an OVI Differs from a DUI
Operating and driving a vehicle are two different things. For example, an individual can sit in the driver’s seat of a car and have their vehicle running for it to be operating.
An OVI lawyer in Morrow County can go over the differences between operating a vehicle impaired and driving under the influence charges. They may not be able to change the fact that you have been charged with either of these offenses. Regardless, they may be able to help you build a legal strategy designed to show the court you do not deserve to be punished.
Along with this, an OVI attorney in Morrow County can explain the Ohio impaired driving law and the penalties you may face. You should not expect a charge to go away on its own. Fortunately, your attorney may be able to help you avoid major penalties.
Morrow County OVI Lawyer Near Me 614-884-1100
OVI Penalties
Operating a vehicle impaired penalties vary. You may receive significant penalties if you have been previously convicted of this crime more than once. Some of the Ohio OVI penalties include:
- A jail sentence that lasts up to 120 days
- A fine of up to $800
- Having your driver’s license suspended or revoked
- Having an ignition interlock system installed in your car
How you respond to an OVI charge may have far-flung effects. If you accept responsibility for the crime, you may be punished to the fullest extent of the law. On the other hand, if you contest the charge, you may be able to receive a lesser penalty than the one the prosecutor in your case initially sought against you.
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What to Do at an OVI Traffic Stop
If you are operating a bicycle, car, horse-drawn carriage, or any other vehicle, you may be stopped for operating a vehicle impaired. In this situation, it may be best to try to remain calm, cool, and collected. Here are tips to help you get through the traffic stop and avoid compromising and putting yourself in further danger:
Go to the Side of the Road
As soon as you see a police car, move to the side of the road and stop your vehicle. Stay in your seat and let the police officer come to your vehicle. In addition, do not move around, since doing so may make it look like you are trying to hide drugs or alcohol.
Do Not Volunteer Information
Expect a police officer to ask you questions, but be careful about the information you share. You may share your name and contact information. However, it may hurt you if you say you consumed alcohol before you started operating your vehicle.
Do Not Consent to a Roadside Test
When it comes to DUI traffic stops and field sobriety tests in Ohio, you have legal rights. You are not legally required to complete a sobriety test, and doing so may increase your chances of getting convicted of OVI. Conversely, if a police officer asks you to get out of your vehicle, you must do so.
Getting charged with operating a vehicle impaired may feel like the end of the world. By hiring an attorney, you can receive legal assistance with your case. Your lawyer can learn about your charge and help you build a legal strategy.
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OVI Legal Strategy
Your lawyer can help you craft a legal strategy that resonates with the court. Ultimately, your defense may highlight the facts of your case and make it clear you were not operating a vehicle while impaired. Common legal defenses used in OVI cases include:
Unlawful Search and Seizure
This relates to the Fourth Amendment of the U.S. Constitution. In terms of what the Fourth Amendment means, it protects you against unlawful search and seizure. This means police officers cannot charge you with an OVI if they did not have probable cause to do so in the first place.
Improper Administration of a Sobriety Test
You may submit to a sobriety test but were not fully aware of all of the instructions associated with it. Or, a police officer may make other mistakes during the administration of your test. You may be able to prove your test was not properly administered, which led to your OVI charge.
Improper Interpretation of a Sobriety Test
A police officer may believe you were operating a vehicle while impaired following a sobriety test. Yet, the officer may have misinterpreted the test result. You may be able to show the result indicating you were not actually operating a vehicle impaired.
Your attorney may consider these legal defenses and others. They may also answer any questions you have relating to legal strategies. That way, you and your attorney can work together to achieve your desired case result.
Partner with a Monroe County OVI Lawyer Today
The legal team at KBN can help you at each stage of your OVI litigation. A Monroe County OVI attorney has the legal instincts to know exactly what is around the corner. To schedule a free case evaluation, contact us today.
Call or text 614-884-1100 or complete a Free Case Evaluation form