Super Lawyers 2022
PACDL
TOP 40
LEAD COUNSEL
National College for DUI Defense
Avvo Rating 10.0
NAOCDL

Understanding Drunk and Impaired Driving Terms in Ohio

In Ohio, several terms describe offenses related to impaired driving. While the terminology has evolved, the core offenses have not. You might hear terms like Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Operating a Motor Vehicle Impaired (OMVI), or Operating a Vehicle Impaired (OVI). These all refer to the illegal act of operating a vehicle while affected by intoxicants.

Though the labels differ, there is no meaningful legal distinction among DUI, DWI, OVI, and OMVI. Each term carries penalties for drivers found controlling a vehicle under the influence of alcohol or drugs. Seeking guidance from a New Castle DUI lawyer can clarify the specifics of your charge.

At the Youngstown Criminal Law Group, our legal team handles a wide array of cases, developing unique defense strategies for each client. Our lawyer, Sean Logue, is a prominent figure in Ohio’s criminal defense community. While we are proud of our professional recognition, our greatest satisfaction comes from assisting clients through difficult legal situations. A qualified DUI lawyer can be a crucial asset during this time.

Here are some reviews from clients we have passionately supported:

How a New Castle OVI Defense Lawyer Can Make a Difference For You

The consequences of an OVI conviction can extend far beyond the initial legal penalties, potentially impacting your personal and professional life long after, even for a first offense. A New Castle DUI lawyer can help mitigate these effects.

Here are a few examples of successful outcomes we have achieved for clients facing OVI charges:

  • Charges: OVI and hit & skip (hit and run)
    • Result: Plea to a reduced offense with a penalty fine and no jail time.
  • Charges: OVI and failure to control
    • Result: Plea to a minor charge, a 3-day driver intervention program, and no prison time or probation.
  • Charges: OVI, vehicular manslaughter, and vehicular homicide
    • Result: Acquittal.

While specific outcomes can never be guaranteed, we are committed to working tirelessly for the best possible result in your case. A dedicated lawyer is essential.

If you have been arrested for DUI, DWI, OMVI, or OVI, you have the right to an experienced defense to help clear your name. Contact the Youngstown Criminal Law Group in New Castle at (330) 992-3036 for a free consultation with a skilled New Castle DUI lawyer.

DUI, DWI, OVI, and OMVI Information Hub

OVI Charges Overview

Learn how Ohio defines impaired driving, which covers a wide range of motorized and non-motorized vehicles.

Understand your rights and responsibilities regarding chemical testing under Ohio law. A New Castle criminal lawyer can explain these in detail.

Driver’s License Suspension for an OVI

Discover the possibility of license suspension and how it can be contested.

Challenging a Suspended License

Find out the steps to appeal a license suspension after an OVI charge.

Jail, Fines, and Other Penalties for OVI Conviction

Explore the potential criminal penalties tied to an OVI conviction. A New Castle DUI lawyer can help you understand what you are facing.

Analyzing Evidence in OVI Cases

Learn how evidence is reviewed and can be disputed in an OVI case.

Defensive Strategies for OVI Charges

Review common legal strategies used to defend against OVI charges in court.

OVI Charge Resources

Find where to access more information and support for OVI cases.

Recent News Concerning OVI Charges

Stay updated on the latest legal changes and cases related to OVI law. A New Castle criminal lawyer stays current on these developments.

Common Questions About OVI Charges

Get answers to frequently asked questions about OVI charges.

New Castle OVI Defense Attorney

Seek a strong defense from a New Castle criminal lawyer who specializes in OVI cases.

In-Depth Look at OVI Charges in Ohio

The term Operating a Vehicle while Impaired (OVI) is now the standard for impaired driving in Ohio. It applies to impairment from alcohol as well as illegal, prescription, or over-the-counter drugs. A New Castle DUI lawyer can clarify how this applies to your situation.

Ohio’s laws define “vehicle” broadly to include both motor-driven and non-motor-driven transportation. This means even bicyclists or those driving horse-drawn carriages could be charged with an OVI.

Ohio’s Standards for Impaired Driving

Under Ohio law, a person is considered too impaired to drive if they meet or exceed these limits:

  • Blood Alcohol Content (BAC) and Breath Alcohol Content (BrAC) of .08 or higher
  • Urine Alcohol Concentration of .11 or higher
  • Blood Serum or Plasma Alcohol Concentration of .096 or higher
  • Marijuana Blood Concentration of 2 nanograms per milliliter
  • Marijuana Urine Concentration of 10 nanograms per milliliter

Thresholds for other controlled substances and their illegal levels are outlined in the Ohio Revised Code § 4511.19. A knowledgeable New Castle criminal lawyer can interpret these complex statutes.

It’s also important to know that you can be found impaired with readings below these legal limits if there is other evidence suggesting your driving ability was compromised. Even small amounts of alcohol, marijuana, or other drugs can affect your ability to operate a vehicle safely.

Each case is unique and requires a personalized legal strategy, which is exactly what our team at the Youngstown Criminal Law Group provides.

In Ohio, driving a vehicle implies your consent to undergo chemical testing if an officer stops you on suspicion of OVI. Here is what you need to know about Ohio’s chemical testing laws and how they can impact your driving privileges. Consulting with a New Castle DUI lawyer is advisable.

  • Legal Agreement: By driving in Ohio, you consent to blood, breath, or urine tests if suspected of OVI.
  • Immediate Arrest: Refusing a test when stopped will lead to your immediate arrest.
  • License Suspension: If you refuse, your driving privileges could be suspended for up to one year.
  • Enhanced Penalties: Refusing a test can lead to more severe penalties than complying, no matter the test results.

Should You Agree to a Chemical Test?

Law enforcement must inform you of the consequences of refusing a test, but they cannot force you to take one.

  • Refusal Advantages: Not taking a test means the prosecution lacks key evidence of intoxication.
  • Officer Testimony: Police can still use observations from field sobriety tests to argue you were impaired.
  • Test Passing: Passing a test avoids penalties (other than the initial OVI stop).
  • Fighting Failed Results: A failed test isn’t the end. You can challenge the results and get a second, independent test at your own cost. A New Castle criminal lawyer can help arrange this.

Chemical Test Procedures

Officers may use a portable breathalyzer to test drivers they suspect are impaired. Here is the process:

  • On-the-Spot Chemical Assessments: Officers first use physical and verbal sobriety tests. If you fail or show signs like slurred speech, they may request a breath test.
  • Secondary Breath Test: You may be asked to take a more accurate, stationary breathalyzer test at the police station. Declining this can affect your ability to get your license reinstated.

Consequences for Refusing a Chemical Test

Refusing or failing a chemical test results in an immediate driver’s license suspension. The length of this suspension depends on your record:

  • First OVI Offense: One-year mandatory suspension.
  • Second Offense in 6 Years: Two-year mandatory suspension.
  • Third Offense in 6 Years: Three-year suspension.
  • Fourth or Subsequent Offense in 6 Years: Up to a five-year suspension.

The Ohio Bureau of Motor Vehicles can impose these automatic license suspensions (ALS) as civil penalties, separate from any criminal case.

Resources for OVI Offenses

Comprehensive Guide to Ohio OVI Penalties

Access a detailed list of Ohio’s OVI offenses from the Garfield Heights Municipal Court, including penalties and exceptions.

Support for Alcohol Misuse

Connect with Alcoholics Anonymous, a global fellowship for individuals seeking to manage their alcohol use through community support.

Victim Assistance Programs

The City of New Castle offers services for victims needing courtroom updates, advocacy, and resource referrals.

Substance Abuse and Mental Health Provider Directory

Visit FindTreatment.gov, a confidential resource from the Substance Abuse and Mental Health Services Administration (SAMHSA). It provides a searchable directory of certified treatment professionals for substance use and mental health issues.

Common Questions about OVI Allegations

Could I face incarceration as a first-time offender?

First-time OVI offenders with a BAC under .17 may be eligible for a three-day driving intervention program instead of jail time, along with a fine.

What determines the duration of my driving license suspension for an OVI?

The suspension period depends on factors like whether it’s your first offense, if you refused a chemical test, or if you had a high-tier BAC.

Is it mandatory to submit to a breath analysis test?

Refusing a breath test will result in an immediate arrest and license suspension.

Is it possible to contest the results of a breathalyzer?

Yes. Chemical tests can be flawed. A strong legal strategy may involve challenging the test’s reliability or the qualifications of the person who administered it.

Need Expert Defense Against OVI Charges in New Castle? Contact Youngstown Criminal Law Group

Mistakes can happen, including the decision to drive after drinking. If you or a loved one is facing an OVI charge, the New Castle criminal lawyer team at Youngstown Criminal Law Group is ready to defend you. With proper legal help, the risks of jail time, license loss, and other penalties can be minimized.

While DUI, DWI, OVI, and OMVI are different acronyms, they all refer to the serious crime of impaired driving. Contact our dedicated team in New Castle for a free case evaluation with a New Castle DUI lawyer at (330) 992-3036.

Client Reviews

Mr. Logue came to me for my consultation, which was nice! He helped me better understand my situation so I could weigh my options. He kept me updated on any new information about my case, and I could always easily contact him if I had any questions. I knew I was in good hands, and I got the best...

Former Client

"He always answers his phone, day or night and he understands the law better than anyone. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions." Mr. Logue is good for one reason, he cares. A client is not a quick buck. His rates are reasonable too...

Former Client

"I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them." I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected...

Former Client

Get in Touch

Fill out the contact form or call us at (330) 992-3036
to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Highly Rated Super Lawyer

Leave Us a Message

I would like to receive text messages from Youngstown Criminal Law Group.