Ohio DUI Attorney

By: Michael Tasner

Ohio DUI Laws

In the state of Ohio, there are many terms for a drunken driving offense. They include operating a vehicle while intoxicated (OVI), driving under the influence (DUI), and operating a motor vehicle while under the influence, impaired, or intoxicated (OMVI). These terms all describe the same offense as found in the Revised Code of the state of Ohio. Because drunken driving offenses are crimes, there are serious consequences if you are convicted of this type of offense. You may face jail time, fines, and the loss of your driving privileges. These consequences are serious; they can impact your life for a very long time and leave you with a criminal record that will affect your chances for gaining employment and doing other things you want to do in life. Contacting an Ohio DUI lawyer is the only way to preserve your rights and get through your DUI case with the best chances for a successful outcome.

Ohio DUI Laws

The DUI laws in Ohio make it illegal for anyone to operate a motor vehicle while having an amount of alcohol in their blood that reduces their ability to drive safely by impairing their mental and physical capabilities. There is no need for a chemical test for you to be convicted of this type of offense since the prosecutor does not need to show a specific level of alcohol in your blood. There is another type of offense that does require that prosecutors show a specific level of alcohol in your blood. This is known as a “per se” offense. This type of offense is not at all related to your level of impairment while operating a vehicle. Instead the prosecutor must show that your blood alcohol exceeded the legal limit of 0.08%. This level must have been determined by urine, blood, or breath testing. Since DUI is a criminal offense and you will face criminal charges, the prosecutor must prove your guilt beyond a reasonable doubt. This means that each element of the crime must be proven individually beyond a reasonable doubt for you to be convicted of a DUI offense.

Ohio DUI Elements

There are several things the prosecutor must prove in order to show that you are guilty of driving under the influence. One is that you were operating your vehicle in any way. Operating is different than actually driving on a roadway. In this case, operating means having control of the vehicle. This means that someone who is sitting in the driver’s seat of a car and has the keys near the ignition or in the ignition can be charged with driving under the influence. The prosecutor must also show that the defendant was actually operating a vehicle. This includes cars, trucks, tractors, and other similar mechanical devices. While some watercraft have motors, there are separate laws that deal with people who operate a power watercraft while under the influence. The prosecution must also show that the person was under the influence of alcohol at the time of arrest and that this influence caused an adverse affect on how well the person could react. The prosecutor must also show that the defendant’s impairment was appreciable. This means that the prosecutor must show that the defendant exhibited signs of impairment.

Ohio DUI Criminal Penalties

If you refuse to take a blood alcohol test in the state of Ohio, you will be facing a 90-day driver’s license suspension period. If you do take a test and it shows a result of 0.08% or greater and you are later convicted, you will face criminal penalties. These penalties increase with the number of offenses you have committed and can be severe. For a first offense, the criminal penalties include 3 days of jail or a driver intervention program, driver’s license suspension of 3 months to 6 years, and a fine of not less than $200 and not more than $1,000. A second DUI offense in Ohio has harsher penalties. You will face 10 days in jail or five days in jail and a minimum of 18 days under house arrest. You will also be penalized with fines of not less than $300 and not more than $1,500, one to five years of a court license suspension, driver intervention program participation, and immobilization and plate confiscation. For a third DUI offense, you will face penalties of 30 days in jail, fines of not less than $500 and not more than $2,500, participation in an alcohol treatment program at your own expense, license suspension of one to ten years, and immobilization and impoundment of your license plates. Fourth and subsequent Ohio DUI offenses are considered felonies. The possible penalties include 60 days to one year in jail, fines of not less than$750 and not more than $10,000, mandatory drug and alcohol treatment at your own expense, vehicle forfeiture, and a license suspension of thee years up to a lifetime suspension period.

Ohio DUI Driver’s License Penalties

There are also driving penalties imposed for a failed BAC test or refusal to submit to chemical testing. This administrative license suspension may take place even if you beat the criminal DUI charges you face in court. This administrative suspension period increases with the number of offenses you accumulate and any aggravating factors. You must appeal this suspension after you are arrested or you will definitely lose your license. Ohio has a speedy hearing policy; this hearing must occur within 5 days of your arrest. You may appeal your suspension based on several factors. These factors can include the validity of your arrest, whether the law enforcement officer asked you to take the chemical test, whether you were informed about the consequences of refusing to submit to chemical testing, and whether you refused or failed the test. A skilled Ohio DUI lawyer will be able to gather information about all of these points and use it to try to save your driver’s license from being suspended. Having a qualified Ohio DUI attorney on your side can give you the best chance of saving your driving privileges and avoiding a criminal record.