You may face an operating a vehicle impaired (OVI) charge and have no idea what to do. At this point, you have many options, including contesting the charge. A Richland County DUI defense lawyer may be able to work with you to build a legal strategy that helps you avoid severe penalties.
At Koffel Brininger Nesbitt (KBN), our criminal defense lawyers understand the challenges associated with contesting operating a vehicle impaired charges. Our Richland County OVI defense lawyer can learn about your case and explore your legal options with you. To get started, contact us today.
Operating a Vehicle Impaired Definition
The Richland County criminal defense lawyer at KBN has helped many clients achieve outstanding case results. A Richland County OVI defense attorney can evaluate your case and discuss possible legal strategies with you. To learn more, reach out to us.
According to Ohio Revised Code §4511.19, it is against the law to operate a vehicle while under the influence of drugs or alcohol. This applies to motor vehicles and non-motorized ones. Thus, if you are operating a bike, car, or horse-drawn carriage while impaired, you may be punished.
When operating a vehicle while impaired, police officers may be able to charge an individual even if they are not driving a vehicle. For example, you may be operating a vehicle but struggle to control it because you previously consumed drugs or alcohol. In this situation, you may be charged with an OVI.
For a free legal consultation with a ovi lawyer serving Richland County, call 614-884-1100
Operating a Vehicle Impaired Guidelines
Ohio lawmakers take operating or driving while impaired seriously. Blood alcohol concentration (BAC) is used to measure the level of alcohol in a person’s body. If a police officer measures your BAC during a traffic stop and finds it is above the legal limit, they may charge you with operating a vehicle impaired.
A person is considered impaired if their blood alcohol concentration exceeds .08%. For an individual under the age of 21, their BAC must not exceed .02%. If someone is operating a commercial vehicle, they must have an alcohol concentration in the blood below .04%.
Your OVI defense lawyer in Richland County can answer frequently asked questions about operating a vehicle impaired guidelines and similar topics. They may not be able to change the fact that you were charged with this crime. However, they may be able to help you avoid long-lasting legal consequences.
Richland County OVI Lawyer Near Me 614-884-1100
Penalties for an OVI
The number of times you have been previously convicted of operating a vehicle impaired and other factors may dictate your OVI punishment. Generally, a prosecutor will do everything they can to punish you to the fullest extent of the law. Some of the Ohio impaired driving law penalties you may face include:
- Jail time
- Fines
- Suspension of your driver’s license
Your OVI defense attorney in Richland County can teach you about the penalties associated with your crime. They may be able to help you avoid significant Ohio OVI penalties. To do so, they may learn about your case and help you craft a legal strategy designed to compel the court to rule in your favor.
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Legal Strategies for an OVI
There is no such thing as a one-size-fits-all legal strategy for operating a vehicle impaired. Your lawyer can explain the difference between a DUI and an OVI in Ohio and help you craft your strategy accordingly. Legal defenses commonly used in OVI cases include:
No Miranda Rights
A police officer is legally required to read someone their Miranda rights before an arrest. If an officer did not do so, your charge may be inadmissible. At this point, a prosecutor may have to drop their case against you.
Illegal Search and Seizure
The Fourth Amendment of the U.S. Constitution protects against unlawful search and seizure. It may apply to your case if a police officer conducted a search and arrested you without probable cause. If this happens, your constitutional rights may have been violated.
Faulty Sobriety Test
Just because a police officer administers a sobriety test does not mean the assessment is 100% accurate. The officer may have made mistakes when they gave you the test or misinterpreted the result. In either of these situations, the test may be faulty, and the result may not be used against you.
Medical Condition
You may be dealing with a medical condition that causes you to display symptoms that may make it appear you are operating a vehicle impaired. As an example, someone dealing with diabetes may experience a rise in blood sugar that releases ketones that may make their breath smell like alcohol. This may prompt an officer to arrest you, but you may be able to provide information about your condition to show you were not operating a vehicle while impaired.
How you respond to an operating a vehicle impaired charge may have far-flung effects. If you work with an attorney who has received many positive client testimonials, you may be well-positioned to contest your charge. Your lawyer may also be able to pursue a plea deal.
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OVI Plea Agreement
Instead of going to trial to dispute your charge, you may have the opportunity to negotiate a plea agreement. Your attorney may consider the strength of your evidence and other factors to help you determine if it is in your best interests to pursue a plea deal. They can also discuss truth in plea bargaining and what may happen if a prosecutor accepts an agreement.
Negotiating a plea deal may help you avoid a lengthy jail sentence and other major penalties. For instance, your attorney may propose having you enroll in a Driver Intervention Program following a first-time OVI offense. If the prosecutor in your case agrees to this, you may not have to complete a jail sentence.
Your attorney and the prosecutor in your case may go back and forth with plea bargain proposals. If no deal is reached, you can bring your case to trial. At this time, your attorney can advocate for you, protect your legal rights, and present your argument.
Get Legal Help with an OVI Charge
For more than three decades, KBN has helped clients deal with criminal cases. We have the wisdom and experience to know what is next in the legal process and can help you address challenges every step of the way. To schedule a free case consultation with a Richland County OVI defense lawyer, contact us today.
Call or text 614-884-1100 or complete a Free Case Evaluation form
