It is illegal to drive a vehicle or intend to operate a car while under the influence of drugs, alcohol, or both. In Ohio, you cannot use a motor vehicle with a blood or breath alcohol concentration (BAC) of 0.08 percent or greater.
A first offense results in up to six months of jail time, fines up to $1,075, and a license suspension of up to three years. In a second offense, you could receive six months in jail, fines up to $1,625, and a license suspension of up to seven years.
Drunk driving penalties are further exacerbated when impaired driving causes a car accident. The potential of a more significant sentence also grows when an impaired person leaves the scene of an accident and causes injury, serious bodily harm, or death.
If you are facing misdemeanor or felony charges resulting from drunk driving, contact our law firm to see how we can help today.
Ohio DUI Laws
Ohio DUI laws call the act of driving under the influence “operating a vehicle under the influence” or OVI. This is the same thing as a DUI, which is driving under the influence of alcohol or drugs, but it is Ohio’s terminology for the crime. An OVI arrest, even without a prior conviction, assigns many penalties to those who are convicted of OVI charges.
OVI in Ohio makes it illegal to operate a motor vehicle while being over the legal BAC limit or under the influence of drugs. Ohio law also assigns OVI charges for being in physical control of the vehicle while under the influence, such as sleeping in the car.
Penalties for Drunk Driving Under Ohio Law
Ohio OVI penalties are strict, even for a first offense. Here is a look at the associated penalties for Ohio OVI charges:
First-Time OVI Conviction
If you have no prior OVI convictions, Ohio OVI penalties assign the OVI charges as a first-degree misdemeanor. You will have a mandatory minimum of three days in jail or a driver intervention program, with a maximum time served of six months. Aggravating factors, such as having a blood alcohol content of 0.17% or higher, require a minimum of six days in jail.
For the OVI offense, you will pay fines starting at $565, face an administrative license suspension, have points added to your driver’s license, and, depending on the ruling, may need to install an ignition interlock device.
OVI Second Offense
When you have a prior conviction on your criminal record, you will face more severe penalties. You can get a mandatory jail sentence of 10 days to 180 days; fines start at $715, and you will face license suspension for one to seven years. You also must have an ignition interlock device installed and be required to have a yellow license plate, known as a “party plate,” on your car once your license suspension has ended.
If you get a third offense, harsh penalties such as longer sentences, higher fines, lifetime license suspension, and vehicle forfeiture await due to your prior offenses. Aggravating factors and repeat offenses could upgrade the charges to felony charges. If you cause bodily harm or death in a car accident, you can expect significant consequences, making it imperative to hire an attorney to represent you for your OVI in Ohio.
Legal Procedure Post-Arrest
If you are facing criminal charges for OVI, do not make things worse by arguing with the arresting officer. You must act quickly and contact an attorney to work on your OVI defense. Whether you took field sobriety tests, a chemical test, or enacted your right to refuse tests at the traffic stop, it is imperative to have legal representation to obtain the most favorable outcome.
Defense Strategies for OVI Offense
Defense for OVI/DUI starts with questioning whether there was probable cause to pull you over. Your attorney will examine the procedures used, including how testing was conducted. You may have taken a chemical test using faulty equipment that provided an incorrect blood alcohol concentration.
Additionally, field sobriety tests are often considered subjective and may not hold up in court. Ernst & Associates works to level the playing field and protect your future freedom. OVI/DUI can result in employment consequences, higher auto insurance rates, and many other lesser-known consequences, making a strong defense a necessity.
What Happens in a Hit and Run Drunk Driving Accident?
Drivers must stop immediately in a car accident, exchange contact and insurance information, and contact the police and medical assistance for any injuries.
The unexpectedness of hitting a car while driving under the influence (DUI) can cause panic and fear. It’s not uncommon for these emotions to negatively affect your decision-making abilities in the heat of the moment.
Leaving the crime scene, so to speak, on a public road or highway is called a hit skip. Penalties include first-degree misdemeanor charges, up to six months in jail, $500 fines, and a six-month license suspension.
What are the Possible Charges for Leaving the Scene of an Accident?
Fleeing the scene of an accident, especially if you were drunk driving, is illegal. It’s also considered an admission of guilt by police and the court system. In addition to traffic violations for causing a car accident and a DUI, a hit-skip could result in separate charges.
If convicted of these additional offenses, you could face other penalties for any property damage, serious injuries, fatal injuries, and a high blood alcohol content (BAC) level.
Possible charges include up to 180 days in jail, fines up to $1,000, points on your driver’s license, license suspension, and responsibility for the damage to the other driver’s vehicle. A fatal accident that causes wrongful death could result in involuntary manslaughter and prison time.
Read More: Consequences of multiple DUIs in Ohio
Can I Get My Charges Dropped if I Hire an Attorney?
is tough on intoxicated drivers who cause property damage, injuries, or wrongful death while driving impaired due to alcohol or drugs.
The most complex DUI cases involve a car accident, and the prosecution will likely push for an extended sentence for the hit skip. This could include more jail time, steep fines, license suspension, and other penalties.
Given the high stakes of a hit-skip offense, you must consider hiring an experienced law firm, especially if it involves injury or property damage. If found guilty, you are at the hands of the prosecution and the judge. As such, you could face the maximum sentence without legal representation.
We’ve helped clients in simple and complex cases, and our ambitious firm is ready and prepared to go the distance in your case. Contact our team today at 513-579-9500 and book a free consultation.
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