Understanding High BAC OVI Charges in Ohio

Driving under the influence (DUI) is illegal across the United States. In Ohio, an Operating a Vehicle Impaired (OVI) charge becomes significantly more serious if your Blood Alcohol Content (BAC) is particularly high. When a driver’s BAC is .17 or higher—more than double the state’s legal limit of .08—the legal ramifications escalate sharply. This is known by the courts as a “high test OVI” or “high tier OVI,” which is treated very differently from a “low test OVI” where the BAC is closer to the .08 limit.

A conviction for an OVI with a BAC of .17 or above can lead to severe penalties, including mandatory jail time and hefty fines. Furthermore, a court might order you to complete a drug and alcohol rehabilitation program. With such serious consequences on the line, securing experienced legal support is crucial. A skilled New Castle criminal lawyer can be the decisive factor between a prison sentence and preserving your freedom.

Legal Support for High BAC OVI in New Castle, Ohio

When you’re facing an OVI charge involving a BAC of .17 or higher, the seriousness of the situation cannot be overstated as the penalties increase. If you find yourself in this position, it’s vital to get in touch with a defense team that specializes in DUI cases. The New Castle DUI lawyers at Youngstown Criminal Law Group are prepared to offer a free consultation to discuss cases involving breath or blood alcohol levels that exceed the .17 BAC threshold.

Often, the most successful defense strategy involves challenging the admissibility of the chemical test results in court. Our familiarity with the procedures used by law enforcement agencies in Coshocton County, such as the Coshocton County Sheriff’s Office, the Youngstown Police Department, and the Coshocton County OVI Task Force, gives us a distinct advantage in building your defense. We can provide the insight of a knowledgeable New Castle criminal lawyer. Schedule your initial consultation with us to review your legal options in New Castle.

What is Ohio’s ‘Super DUI’?

In Ohio, a ‘Super DUI’ is the informal term for an OVI charge where the individual has an exceptionally high BAC. Officially, this is called a high test OVI or high tier OVI. While the statewide BAC limit is .08, and drivers testing near this level are arrested for a low test OVI, the ‘Super DUI’ classification applies when a person’s BAC reaches .17 or more. This is a critical distinction that a good New Castle DUI lawyer will be able to navigate.

The legal definition of a ‘high test’ BAC, according to ORC 4511.19(A)(1)(h), is specified as:

• Breath Sample: .17 or higher
• Urine Sample: .238 or higher
• Whole Blood Sample: .17 or higher
• Blood Serum/Plasma Sample: .204 or higher

A first-time conviction for a high BAC OVI can result in the following penalties:

• A minimum of six days in jail (with a maximum of six months), or the option to attend a driver’s intervention program.
• Fines between $375 and $1,075.
• A driver’s license suspension lasting from six months to three years.
• A mandatory 15-day waiting period for driving privileges after the offense (ALS suspension).
• A requirement to use highly visible yellow license plates.
• The potential for a judge-ordered ignition interlock device.

The Chemical BAC Testing Process in Ohio

Law enforcement officials in Ohio use three main types of chemical tests to determine a person’s BAC. The most common is the breathalyzer. Police officers typically carry a portable breathalyzer test (PBT) and will ask for a breath sample if they suspect intoxication from alcohol. However, PBTs are not able to detect the presence of drugs. It’s important to consult with a New Castle criminal lawyer to understand the specifics of your test.

If an officer suspects drug use, a blood or urine test may be administered instead. Since breath tests cannot usually detect drugs, these alternative biological samples are collected and sent to a state-certified laboratory or medical facility for analysis.

Blood testing is generally considered the most accurate method for determining intoxication and is often used as a last resort. This test measures the grams of alcohol per 100 milliliters of blood in the person’s system. An experienced New Castle DUI lawyer can scrutinize these results for inaccuracies.

Can BAC Test Results Be Inaccurate?

Chemical tests used to measure BAC are not foolproof. A growing body of evidence shows that individuals who have not consumed any alcohol can still fail OVI tests due to various internal and external factors. For example, improper calibration of a breathalyzer can significantly compromise the accuracy of the BAC reading. Additionally, the subject’s breath temperature and certain environmental conditions can also distort the results. A qualified New Castle criminal lawyer will investigate these possibilities.

Here are some common issues that can undermine the validity of OVI tests conducted by law enforcement:

• Poorly maintained equipment
• Use of outdated or obsolete technology
• Diluted or contaminated samples
• Improper handling and storage of samples
• Failure to adhere to established protocols
• Analysis performed by uncertified laboratories
• Tests administered by uncertified or unsupervised officers
• Administrator oversight during the testing process
• Tampering with or misreporting test results

High BAC OVI Attorney in New Castle, OH

If you are facing charges for driving under the influence in or around New Castle or Coshocton County, it is essential to seek guidance from the experienced attorneys at Youngstown Criminal Law Group. Our team is skilled in handling the full spectrum of OVI cases, whether it is your first offense or a subsequent charge. We work diligently to protect our clients from the severe penalties associated with these violations. An expert New Castle DUI lawyer from our group can make a significant difference in your case. Contact us today by calling (330) 992-3036 for a free, no-obligation discussion about your legal situation and to schedule your complimentary consultation.