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Serious And Effective Ohio OVI Defense

Assistant District Attorneys in Ohio take their jobs seriously when it comes to prosecuting drunk driving charges. They will use all the evidence to put together a case seeing the toughest penalties. If you have been charged with operating a vehicle while impaired (OVI) in the Youngstown area, make sure your defense attorney has the experience to fight back aggressively.

When you retain The Youngstown Criminal Law Group as defense counsel, you get years of experience. Backed by respect from peers and the highest professional credentials, you can count on a solid OVI defense team on your side. Serving clients in Youngstown, Steel Valley and throughout Ohio.

If you are driving in the state of Ohio, you need to know the laws and related penalties. Below, you will find summaries of the penalties surrounding OVI.

What Are The Penalties In Ohio?*

First Offense

Jail: Up to six months
Fine: Up to $1,000
DL Suspension: Up to three years
Ignition Interlock Device (IID): No

Second Offense

Jail: Up to one year
Fine: Up to $1,500
DL Suspension: Up to five years

Third Offense

Jail: Up to one year
Fine: Up to $1,500
DL Suspension: Up 10 years
IID: Yes

Fourth Offense

Jail: Up to one year
Fine: Up to $10,000
DL Suspension: Up to permanent
IID: Yes

Refusing To Take A BAC (Blood Alcohol Content) Test In Ohio

Driving is a privilege in Ohio, not a civil right. When you received your driver's license, you were giving the state of Ohio your "implied consent" to obey the laws and submit to police enforcement regarding traffic laws. At a traffic stop, you are required to submit to a blood, breath or urine test if you are arrested for OVI or related offense. Whether or not the police had "probable cause" to suspect you of driving while impaired is often a key point of defense.

At the scene of the traffic stop or in the police station, the police will decide which BAC test you will take. Ohio law requires that this be taken within two hours. Refusing to take the test will incur serious penalties in the form of losing your right to drive and a $475 charge at the end of your suspension. The officer is not required to inform you of this, however.

Refusing To Take The Test, Has Harsh Penalties:

  • First offense refusal: DL suspension for one year
  • Second offense refusal within six months: Two years
  • Third offense refusal within six months: Three years
  • Fourth and subsequent offense refusals: Five years each

If you have been convicted of an OVI two or more times in six years, the officer can "force" you to take the test by any reasonable means. They should inform you of this fact. "Reasonable" can vary, but typically an officer holds your arm firmly so that blood can be drawn.

Ohio Driver's License Revocation/Reinstatement

A revocation of your license means that your license to drive is not just suspended; it is canceled. This does not mean that you cannot get the privilege back after meeting requirements. It does mean, however, that you will need to reapply for your license.

You will need to satisfy certain requirements before you are allowed to reapply. These requirements include the necessary length of revocation, paying the assessed fee and showing proof of insurance.

You will attend a reinstatement hearing after satisfying your obligations. During this hearing, you may have privileges returned to you.

Ohio DUI Accident (Assault/Homicide) Charges

If an assault or death occurs while under the influence, penalties will be taken to the next level.

Aggravated Vehicular Assault

An assault under the influence falls into the category of aggravated vehicular assault. In this case, prosecution will need to prove that you caused serious harm to another as a result of your impairment from drugs or alcohol.

This is a third-degree felony that carries the penalties of:

  • One to five- years mandatory prison term
  • Two to ten- years mandatory license suspension

As in similar situations, prior convictions for related offenses or exacerbating circumstances can increase the penalties.

The suspension of your license is increased to three years if you have a:

1) prior conviction for vehicular assault

2) prior conviction for any traffic-related assault, homicide, manslaughter; or

3) prior conviction for a traffic-related felony assault, murder, or attempted murder.

The offense becomes a second-degree felony if you are:

1) driving with no license or a suspended license

or have:

2) a prior conviction for vehicular assault

3) a prior conviction for any traffic-related assault, homicide, manslaughter, offense

4) three or more convictions in the last six years for operating a vehicle/boat/aircraft under the influence

5) a combination of 3 and 4 above

6) two or more convictions for felony DWI

Aggravated Vehicular Homicide

In the case of aggravated vehicular homicide due to alcohol or drug impairment, the prosecution will need to show that a death results from your impairment from alcohol or drugs.

This is a second-degree felony that carries the penalties of:

  • Two to eight years mandatory prison term

  • Lifetime suspension of driver's license

Call One Of Our Lawyers Right Now For A Free Consultation · Available 24/7

If you have been charged with OVI or a related offense in Ohio, call the The Youngstown Criminal Law Group or send an email immediately. Don't say another word to police or prosecutors until you have one of our attorneys at your side.

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