Operating a vehicle while impaired (OVI) is a serious offense. If you have been charged with this crime, partner with an Upper Arlington OVI lawyer. Together, you and your attorney can look for ways to contest your charge.
For more than 30 years, Koffel | Brininger | Nesbitt has been a leading choice for those in need of legal help in Ohio criminal cases. Let an Upper Arlington criminal defense lawyer from our team assist you with your OVI case. Contact us today to get started.
What You Need to Know About an Upper Arlington OVI Charge
An Upper Arlington OVI attorney can explain what it means to be operating a vehicle while impaired. You could be charged with OVI if you have consumed alcohol, drugs, or both and operate a vehicle. How you are punished for this crime depends on the amount of alcohol or drugs you have ingested and other factors.
Police officers may look at your blood alcohol content (BAC) or serum or plasma alcohol concentration to determine if you can be charged with OVI. It only takes a small amount of alcohol or drugs to impact your ability to operate a vehicle. If a chemical test reveals your alcohol or drug concentrations are above legal limits, you may be punished accordingly.
Koffel | Brininger | Nesbitt offers legal services and support to those dealing with an OVI charge. We can provide insights into how to contest an operating vehicle while impaired charge and how to appeal an OVI conviction. Request a free case evaluation.
For a free legal consultation with a ovi lawyer serving Upper Arlington, call 614-884-1100
Punishments You Could Receive If You Are Convicted of OVI
OVI is punishable in alignment with Ohio impaired driving law types of offenses. An OVI lawyer in Upper Arlington can share details about the penalties associated with this crime. If convicted for the first time, punishments you could face include:
- Jail sentence of up to six months
- Fine of up to $1,075
- Driver’s license suspension that lasts up to three years
- Probation
- Installation of an ignition interlock device in your vehicle
Operating a vehicle while impaired penalties increase based on each conviction. If you are convicted three or more times within a 10–year period or five or more times within a 20-year period, your OVI may be treated as a felony. Your lawyer can discuss how to get OVI charges dismissed in Ohio and how they could get your felony charge reduced to a misdemeanor.
Upper Arlington OVI Lawyer Near Me 614-884-1100
How an OVI Differs from a DUI
Driving under the influence (DUI) and operating a vehicle under the influence are similar. You could be charged with either crime if police officers find you have consumed alcohol or drugs and operated a vehicle. To receive an OVI charge, a prosecutor must show that you were impaired to the point where you could not operate a vehicle safely.
In Ohio, an OVI and a DUI are treated the same way. With either charge, you could face criminal penalties. Furthermore, you do not have to be driving a vehicle to be charged with operating one while impaired.
An OVI attorney in Upper Arlington can give you a rundown of what can happen if you receive a conviction for operating a vehicle while impaired or driving under the influence. Your lawyer can answer any questions you have regarding felony vs. misdemeanor OVI and DUI charges and similar legal topics. They can also help you prepare a legal strategy.
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How to Contest an OVI Charge
Saying you do not deserve to be punished for an OVI is not enough to drop the case against you. Your lawyer focuses on helping you achieve case results that match your expectations. They may consider various legal strategies to help you contest your charge, including:
No Probable Cause for Your Traffic Stop
Police officers must have a valid reason to pull your vehicle over. It is against the law for the police to arrest you for OVI if you were stopped for no apparent reason. Your lawyer may be able to show the court that there was no probable cause for your traffic stop, which could lead to your case’s dismissal.
Police Administered Faulty Tests
A breathalyzer, blood, and field tests could be used at your traffic stop, as these can help the police determine if you are impaired. Regardless, tests can be defective, and they may provide inaccurate results. Your attorney may be able to raise concerns about the legitimacy of your test results, and this could make the court question whether you should be convicted of an OVI.
Insufficient Evidence
The police may argue that your slurred speech and medications found in your possession are enough to warrant a conviction. Yet, the prosecution needs ample evidence to prove you should be punished. Your lawyer could make the court question if slurred speech and medication can be enough to convict you of an OVI, which may help you receive a favorable outcome.
Your lawyer has a clear understanding of Ohio’s OVI laws. They will use their legal knowledge to craft your argument. In addition, they may consider negotiating a plea agreement with the prosecution on your behalf.
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What a Plea Bargain Entails
With a plea agreement, you may accept a reduced charge in exchange for a predetermined sentence. The deal could help you avoid a lengthy jail sentence. It may allow you to resolve your case in less time than what would be required if you go to trial.
Your lawyer can help you weigh the pros and cons of a plea agreement. If you decide to pursue this option, your attorney can discuss a plea deal with the prosecution. They will keep you updated if the prosecutor accepts, counters, or rejects your offer.
Just because a plea deal is an option in your case does not guarantee you will be able to resolve your litigation with one. It is in your best interests to approve a plea deal only if you believe this is the right option. If you feel it is best to contest your charge in court, your lawyer can help you do so.
Ask for Help with Your Case From an Upper Arlington OVI Lawyer
At Koffel | Brininger | Nesbitt, we understand the challenges you will face if you have been charged with OVI. We can advocate for you and help you dispute the charge against you. Schedule a free case evaluation.
Call or text 614-884-1100 or complete a Free Case Evaluation form
