Losing your driving privileges is a major inconvenience. Even so, it is one of the less impactful consequences of an OVI charge. You could also face incarceration and hefty fines. If the offense is not your first or involves injury to others, the penalties intensify further.
There is a lot on the line when you are charged with an OVI, but there is a way forward. Reach out to a New Albany criminal defense lawyer from Koffel | Brininger | Nesbitt for help. Our firm has supported and served over 15,000 clients and ranks in the Top 1% by Best Lawyers.
Let a New Albany OVI lawyer from our team put our award-winning experience and representation to work for you.
What Operating a Vehicle While Impaired Means
“Operating under the influence” (OVI) is Ohio’s version of the more popular “driving under the influence” (DUI) and “driving while intoxicated” (DWI) charges that other states use. Ohio’s acronym highlights the distinction between an Ohio DUI and OVI under Ohio law.
The OVI designation has a broader scope, according to Ohio lawmakers, allowing “law enforcement to keep a wider breadth of dangerous individuals off the road.”
Some vehicles are not so much “driven” as “operated,” and OVI acknowledges that. Impaired trolley, boat, streetcar, or other vehicle operators can be held accountable under these laws.
The “impaired” in the OVI designation is designed to cover more than “intoxicated,” a state a person enters after drinking specific amounts of alcohol.
“Impaired” applies to the condition of a person who has consumed any substance affecting their ability to function. Ohio takes drunk or drugged driving seriously, and the best way to fight charges is with a New Albany OVI lawyer.
For a free legal consultation with a DUI lawyer serving New Albany, call (614) 884-1100
Understanding Ohio’s OVI Laws
The Ohio Revised Code Section 4511.19 provides a comprehensive and specific explanation of the State’s OVI laws, defining the level of drugs or alcohol in the body, identifying a person as impaired. As with most states, a .08% blood alcohol concentration (BAC) deems a person aged 21 and older intoxicated. Those under 21 can be charged with a BAC of .02%.
The law also states it is unlawful for anyone to operate a vehicle if “under the influence” of any drugs or alcohol. This statement means that vehicle operators’ blood or breath tests may not reach levels of impairment, but law enforcement can still charge them with OVI if they show other signs of being under the influence.
For example, an officer may pull you over for swerving in and out of lanes or otherwise driving erratically. If officers note you speak with slurred words, have red or watery eyes, and detect the smell of alcohol, they can charge you with an OVI even if you refuse to take a field sobriety test.
Refusing Field Sobriety and Chemical Tests
You are allowed to refuse a field sobriety test, and refusing a blood or chemical test is in your best interests even considering Ohio follows an implied consent system, which means that vehicle operators automatically consent to a chemical test if they are suspected of operating a vehicle while intoxicated (OVI).
A refusal can lead to an immediate and lengthy driver’s license suspension. If you have a prior history of refusal, time is added to the suspension.
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Penalties for OVI Convictions
OVI charges can fall into the felony or misdemeanor categories. What differentiates a felony vs. a misdemeanor is severity. Felonies are more serious crimes. Within those categories, offenses are further differentiated by degree or class. A first-degree felony is more serious than a fourth-degree felony.
Misdemeanor convictions can still result in serious consequences, including jail time, fines, and a permanent record. Ohio’s Felony Sentencing Quick Reference Guide shows the extended sentences and higher fines that come with felony convictions. A criminal record can also limit opportunities, affecting your employment, relationships, and reputation.
An experienced OVI lawyer in New Albany will work to have your charges reduced or dismissed so you can see less severe Ohio OVI penalties or avoid them altogether.
Connect with Koffel | Brininger | Nesbitt as quickly as possible after your arrest, and we will get to work building your defense. The sooner you contact us, the better we can protect you.
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A New Albany OVI Attorney Can Provide a Strong Defense
A swift partnership with an OVI Attorney in New Albany can make a major difference in your case outcome. We understand how the Ohio legal system operates and know the limitations on law enforcement and prosecutors under the law. One way to get OVI charges dismissed is by exposing rights violations, such as arresting officers failing to read your Miranda rights.
The chain of custody for evidence may have been broken, or you may have been subjected to an unlawful search and seizure. Even if law enforcement follows the rules, there are other defenses.
Sometimes, breath test machines get it wrong, showing intoxication that wasn’t there. A medical episode could present as intoxication, too, and a diagnosis may prove your condition.
Our team has a long record of successful outcomes. We’ll put our winning strategies to work when crafting your defense.
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Koffel | Brininger | Nesbitt is Here to Help You Now
The team at Koffel | Brininger | Nesbitt knows you need us when you need us, and we are available to answer your call every day of the week from 8:00 am to 10:00 pm. OVI charges can be intimidating, but you’re genuinely just one call away from feeling better.
Get the support you need and the protection you deserve from our experienced, supportive OVI lawyers in New Albany. We will lead a powerful fight to defend your rights and your future.
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