If you were recently arrested for operating a vehicle while impaired (OVI), you may panic, especially if this is your first arrest. While drunk driving may not be as serious as murder, that does not mean you will not struggle to cope with the consequences if you are convicted.
Fortunately, when you have a high-powered Westerville OVI lawyer from Koffel | Brininger | Nesbitt on your side, you can get the guidance you need to build a comprehensive defense strategy.
For the last 30+ years, our team has defended the accused and protected the innocent. When you need a reputable Westerville criminal defense lawyer who can help you negotiate your charges down to a lesser offense, get them dismissed entirely, or protect your rights if your case goes to trial, our team could be the right choice for your case. Find out more about how your criminal case could unfold when you contact our office to request a confidential consultation.
Defining OVI Charges
Also commonly known as driving under the influence (DUI), OVI charges apply when someone in control of or operating a motor vehicle is impaired by drugs or alcohol.
Even if there are no clear signs of impairment, if your blood alcohol concentration (BAC) levels reach or exceed 0.08% for traditional driver’s license holders, you can face OVI charges as described under Ohio Revised Code § 4511.19.
However, more specific provisions may apply to other types of motorists. For example, if a driver carries a commercial driver’s license (CDL), instead of the legal limit being 0.08%, it would be 0.04% as described under Ohio Revised Code § 4506.15. Similarly, Ohio has a zero–tolerance policy for underage DUIs, so any measurable amount of alcohol in your system, typically starting at 0.02% or higher, can result in criminal charges.
It is also important to know that you do not necessarily need to be actively driving the vehicle to be charged with an OVI. If you were sitting in the front seat with the keys in the ignition but were passed out after drinking too much alcohol, you could still be charged with drunk driving.
We will know more about the extent of the charges against you after your Westerville OVI attorney with Koffel | Brininger | Nesbitt has reviewed the circumstances of your case and determined if one of the 4 ways to get an OVI dismissed may work for your case.
For a free legal consultation with a ovi lawyer serving Westerville, call 614-884-1100
Ohio Implied Consent Laws
Ohio’s implied consent laws can be found under Ohio Revised Code § 4511.191. Here, all motorists are assumed to have given consent to a breathalyzer or chemical blood alcohol test when under suspicion of drunk driving. If you withdraw your consent, you could face immediate penalties.
Expect your driving privileges to be revoked immediately. You could also face up to three days in jail and administrative fines, and your refusal will likely be used against you if your OVI goes to trial.
Field Sobriety Tests are not Mandatory
While you may need to agree to a breathalyzer to remain in compliance with Ohio’s implied consent laws, you have no such obligation to take a field sobriety test. If the police ask you to take a field sobriety test, you can decline. You should not face any penalties for this refusal.
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Common OVI Penalties
If you are convicted of an OVI, the penalties you are facing could have a devastating impact on your future, even if you hope to pursue an appeal of OVI conviction. This is especially true if you have multiple DUI convictions on your record or if someone was seriously injured or killed as a result of your impairment while driving. Some of the most common types of penalties that apply under the OVI statute include:
Jail Time
The amount of time you can expect to spend in jail varies depending on a number of factors, and arguably, the most important factor is how many OVI convictions you have on your record over the last 10 years. If this is your first offense, you might spend a mandatory minimum of three or as much as 180 days in jail. These penalties continue to increase with subsequent convictions as follows:
- Second OVI – There is a mandatory minimum 10-day jail sentence, but you can spend up to 180 days in jail.
- Third OVI – There is a mandatory minimum 30-day sentence, but you could spend up to 180 days in jail.
- Felony OVI – There is a mandatory minimum 60-day sentence, but you could spend up to three years in prison.
You could also be facing enhanced penalties if anyone was seriously injured or killed as a result of your impairment. You may find yourself facing stacked criminal charges. For instance, in addition to being charged with an OVI, you could also be charged with vehicular manslaughter.
License Suspension
You should also expect your driver’s license to be suspended. If you refuse to submit to a breathalyzer, you may violate Ohio’s implied consent laws, meaning your driving privileges will be revoked immediately.
If you are found guilty of a DUI, your BAC level at the time of the offense and the number of OVI convictions on your record will determine how long your driver’s license is suspended. Potential suspension times based on the number of OVI convictions include:
- First OVI – A maximum three-year license suspension.
- Second OVI – A maximum seven-year license suspension.
- Third OVI – A maximum 12-year license suspension.
- Felony OVI – Permanent revocation of your driver’s license and driving privileges.
You may be able to request unlimited driving privileges after license suspension. However, you will need to serve the “hard-time period” as described under Ohio Revised Code § 4510.022.
If your driving privileges were revoked because you failed a breathalyzer, you would have to wait at least 15 days from the date of your arrest, while a suspension caused by an implied consent violation has a 30-day hard time period.
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Meet with a Leading OVI Lawyer in Westerville for Help Today
Whether you were not under the influence of drugs or alcohol when police stopped you or are seeking redemption after making a mistake, you have the right to defend yourself. You do not need to accept a guilty verdict and the consequences that come along with it.
With help from a dedicated OVI attorney in Westerville from Koffel | Brininger | Nesbitt, you may be able to clear your name of the charges against you and put this troubling experience behind you.
With so much on the line, enlisting the services of a private criminal defense attorney is almost always in your best interest. Learn more about which DUI defense strategies make the most sense for your case when you contact our office for a free consultation.
You can reach us by phone or through our confidential contact form to get started with an initial defense strategy session as soon as today.
Call or text 614-884-1100 or complete a Free Case Evaluation form
