If you have been charged with your second DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following: Monetary fines of over $1,000. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. Prior case results and client testimonials do not guarantee or predict a similar outcome in any future case. Misdemeanor OVI. OVI Charges Dismissed and Driver's License Suspension Avoided: Our client was charged with an OVI after submitting to both breath and urine tests. If the defense finds that any evidence was obtained in an unconstitutional manner, that evidence can be suppressed in court. You also won't be able to look at the evidence against you. Important in this case was an argument about the State Trooper prolonging the detention to investigate an OVI with little evidence of an OVI, and the Trooper's claim that our client's speech was slow and slurred despite the video showing clear, articulate and responsive speech. A police officer initiated a traffic stop after allegedly receiving a telephone call reporting an impaired driver. OVI in Ohio | StateRecords.org Begin Your Defense Today: (614) 444-1900 What's an OVI Arrest? Though the incident was captured on video and defenses were tenuous at best, extensive negotiations were held that led to a dismissal of the assault charges with our client entering a plea to a much lower disorderly conduct charge. I would recommend this company to anyone i know!!" You need serious lawyers that know an OVI causes stress and can threaten your academic success. How serious is a DUI? You can reach us by phone at (513) 338-1890 or our secured contact form to schedule your confidential case review. We obtained an agreement to dismiss the charges with her pleading to a non-moving citation instead. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. Although our client was facing mandatory license suspensions for both OVI charges and Hit/Skip charges, we obtained a dismissal of both charges with our client accepting a non-moving citation instead with neither any points to her license or any license suspension. OVI Charges Brought After an Accident Dismissed: Our client was accused of being involved in a single car accident. OVI. This saved our client from high points to her license and harsh OVI mandatory minimums. If the officer inappropriately questioned you, your answers to the officers questions may be excluded. The breathalyzer test and blood alcohol tests that police administer may be inaccurate. An OVI charge is not something you want to handle on your own. Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. He also provided a urine sample to evaluate. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Despite the prosecution initially demanding a plea and a month in jail, we uncovered substantial credibility issues with the "victim." This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. After our investigation, we were able to obtain a dismissal of the OVI charge with our client pleading to a traffic citation with a fine of $50.00. Your attorney may be able to work with the prosecutor to secure a spot in one of these programs. In Ohio, if you have "physical control" of the vehicle (meaning that the keys are within your reach), you can still be arrested and charged. Blood tests also must be conducted appropriately to provide admissible evidence. As a result, our client accepted an offer to reduce the OVI to a traffic citation to avoid a year-long license suspension, high points and high fines. Ohio Revised Code Section 4511.19. Reach us by phone, email, or online 24 hours a day. Not only can your attorney help you understand the severity of the charges you are facing, but we may be able to work with the prosecutor to help you enter a pretrial diversion program or obtain a plea agreement. We raised issues regarding the reason for the stop, whether there was a reasonable suspicion sufficient to justify expanding stop into an OVI investigation, whether the field sobriety tests were performed correctly given the circumstances, and whether the breath test result was reliable and admissible. See penalty charts now. The prosecutor and judge ultimately agreed, result in an offer and acceptance of a complete dismissal of the OVI charges. Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. It was soon discovered that the police did not have or provide video referenced in the police report. "Chris, "Brian and his colleague John were incredibly helpful and supportive. Despite the fact that the police obtained a breath test showing our client over the legal limit, though negotiations an agreement was reached to dismiss the OVI charges with our client pleading instead to a non-moving citation. I would highly recommend him for anyone who finds themselves in legal troubles. "Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Virtually all Ohio colleges and universities have the power to discipline their students for a DUI . Our client pled to disorderly conduct instead, saving herself from any jail, high fines and the impact to her record. The police charged our client due to a suspicion of impaired driving and as a result a breath test was conducted that resulted in an over-the-limit test. Stopped you without a reasonable and articulate basis to believe that a law has been violated. You do not want to rely on an overworked public defender to advocate for your freedom. OVI Charges Against Non-English Speaking Person Dismissed: Our client was charged with an OVI after a traffic stop. Alcohol metabolizes differently for everyone dependent on factors . Driving Stoned: Marijuana DUI-OVI in Ohio - Dearie, Fischer & Mathews LLC Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. Invalid due to a lung or breathing condition prevented you from giving a large enough sample. However, through thorough preparation and extensive investigations, we obtained a dismissal of the OVI charges with our client accepting a non-moving citation instead. Through extensive investigation, we raised evidentiary issues regarding the case and obtained an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead. No Reason for Traffic Stop A police officer must have a reasonable cause for pulling an individual over. When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd-degree felony, depending on the circumstances of your arrest and your prior criminal history. As such, the first court date you will attend is generally called an arraignment. Ohio BMV After raising issues about the State's failure to preserve all video and evidentiary issues - including about who was operating the vehicle - an agreement was reached dismissing the charges. Our client was involved in a physical altercation with another individual after she found herself charged with first-degree misdemeanor Assault with potential penalties including a $1,000 fine, six-months of jail and the obvious negative implications of having such a conviction on her record. A felony OVI in Ohio carries 60 days in local jail up to 1 year with an additional 6-30 months in prison. Driver's License Suspension for a First OVI Anyone convicted of a first DUI/OVI in Ohio will face a class five driver's license suspension under Ohio Rev. What Are the Penalties for Misdemeanor and Felony OVI Charges in Ohio By investigating the breath tests being used against our client, we discovered that the breathalyzer that was used was not properly maintained and calibrated. After attending a pre-trial, filing a suppression motion, and attending a hearing; the prosecutor and judge agreed to an offer to dismiss the OVI charges in exchange to a plea to a traffic charge. My attorney help me immensely. Oops! Also of note, if law enforcement obtains the defendant's blood test results from a hospital where the driver received treatment, but the officer or agents failed to obtain a proper warrant to get those results, this can present a serious challenge to the OVI charge in court. However, she was arrested for an OVI and provided a breath test that was over-the-limit. How to Beat Ohio OVI/DUI Charges? Find Legal Answers Here 1. Free Consultation / 24 Hours a Day - (513) 338-1890, Home > Legal Blog > How To Remove a DUI / OVI from Your Record in Ohio. Once you complete the program, your record will be cleared, and you could move forward with your life. Second Lifetime OVI with Refusal Dismissed: Our client was charged with a second lifetime OVI and a refusal. The steps to challenging a DUI generally include: Plead Not-Guilty. OVI, Hit-and-Skip, Seatbelt, and Resisting Arrest Charges Dismissed: Our client received several first-degree misdemeanor charges (OVI, Hit-and-Skip, Resisting Arrest). Hiring a DUI defense attorney could help you reduce OVI charges to physical control or reckless operation charges. You may also be liable to pay a fine of between $300 and $1500. We showed the court that there were problems with the citation that was issued and argued that he should not have been placed under the license suspension to begin with. The steps to challenging a DUI generally include: Here are some of the issues that aggressive OVI defense lawyers use to challenge OVI charges. These results will be used against you in court to try to prove your level of impairment has been impacted. However, as we argued her case we also argued that the state failed to provide body cam footage that it had available. As a result, we obtained dismissal of all OVI charges. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. Thank you very much for your hard work in my case. September 7, 2021. We'll help you understand your options and aggressively pursue the best possible outcome. After extensive preparation and negotiations in this case, on the morning of the trial, an agreement was reached from the State to dismiss the OVI charges against our client with him agreeing to plead to a non-moving citation instead. Call Attorney. Ohio's DUI Laws and Penalties | DuiDrivingLaws.org However, with a DUI conviction on your record, you could be dealing with considerable collateral consequences related to your case. He saved himself from high points, a year long license suspension and a mandatory driver's intervention program. Is physical control better than OVI? | FreeAdvice This saved her from points to her license, the impact to her auto insurance, from a year-long license suspension and from having to attend the driver's intervention program. Our client was charged with assault and unlawful restraint. The administrative suspension occurs when you have a BAC over the legal limit or you refused to take a chemical test of your breath, blood or urine. It is rare, however, for this maximum sentence to be imposed upon a first time offender. In situations like this, a common tactic is for the defendant to plead guilty to a lesser offense than an OVI, such as reckless operation of a motor vehicle. After obtaining discovery material from the state and thoroughly researching the allegations, we met with the prosecutor and reached an agreement that included a dismissal of the domestic violence charges. At your arraignment, you must enter a plea of guilty or not guilty. After extensive negotiations at the Mayor's court and then the Municipal Court, an agreement was reached to dismiss the OVI with a plea to a non-moving violation instead. They were convicted in Ohio. Five or more OVIs in twenty years will also result in a felony charge. Fourth offense: the charge is now a felony, which could . Through extensive preparation and negotiations, we reached an agreement with the prosecutor to dismiss the OVI charges with a plea to a non-moving citation instead, which saved our client for a year-long license suspension, points to his license and the implications of an OVI conviction on future job opportunities.