OVI Attorney in New Castle, Ohio

The criminal act of operating a vehicle while under the influence is known by many different acronyms. However, in the state of Ohio, the legally correct terminology is Operating a Vehicle Impaired, or OVI. If you live in or around Ohio, you have likely heard a variety of other terms used to describe this offense, including:

• DUI (Driving Under the Influence)
• DUBAL (Driving with an Unlawful BAC Level)
• DWI (Driving While Impaired)
• OMVI (Operating a Motor Vehicle Impaired)

Furthermore, if the driver involved in an incident is under the legal drinking age of 21, the specific offense is classified as Operating a Vehicle After Underage Consumption, or OVUAC.

Regardless of the specific acronym used, the repercussions of an OVI or OVUAC conviction are severe and life-altering. A defendant found guilty will face steep fines, mandatory jail time, license suspension, and the requirement to install an ignition interlock device. If you find yourself in this difficult situation, it is vital to seek legal counsel immediately. At the Youngstown Criminal Law Group, our legal team will thoroughly investigate every aspect of your arrest to build a robust defense. We are widely recognized as a leading Youngstown Criminal Law Group dedicated to protecting your rights.

Penalties for DWI in Ohio

In Ohio, the severity of a DWI charge and the resulting penalties rely on three specific factors:

1. Whether the defendant has prior offenses.
2. The Blood Alcohol Concentration (BAC) level.
3. Whether the driver refused a chemical test.

Under Ohio Revised Code § 4511.19, being convicted without the assistance of a skilled New Castle DUI lawyer can result in the following statutory penalties:

• First DUI in Six Years (BAC 0.08 to 0.17): Classified as a first-degree misdemeanor. Penalties include a minimum of three days in jail or participation in a Driver Intervention Program (DIP), up to six months in jail, license suspension for up to three years, and fines reaching $1,075.
• First DUI in Six Years (BAC above 0.17 or Test Refusal): A first-degree misdemeanor resulting in a minimum of six days in jail (or three days jail plus three days DIP), up to six months imprisonment, a three-year license suspension, fines of $1,075, and mandatory yellow restricted license plates. You may also need an ignition interlock device.
• First OVUAC in One Year: A fourth-degree misdemeanor carrying up to 30 days in jail, a $250 fine, and a license suspension of up to two years.
• Second OVUAC in One Year: A third-degree misdemeanor resulting in up to 60 days of imprisonment, fines up to $500, and a five-year license suspension.

Navigating these penalties requires the expertise of a New Castle criminal lawyer who understands the local court systems.

• Second DUI in Six Years (Refusal or BAC 0.17+): A first-degree misdemeanor. Mandatory jail time of 20 days (or 10 days jail plus 36 days on house arrest with electronic monitoring), up to six months imprisonment, license suspension for five years, mandatory yellow plates, and vehicle immobilization for 90 days. Fines can reach $1,625.
• Third DWI in Six Years (BAC 0.08 to 0.17): An unclassified misdemeanor. Requires minimum imprisonment of 30 days (or 15 days jail plus 55 days house arrest), up to one year in jail, 10-year license suspension, yellow plates, ignition interlock, vehicle forfeiture, and fines up to $2,750.
• Third OVI in Six Years (Refusal or BAC 0.17+): An unclassified misdemeanor. Minimum 60 days imprisonment (or 30 days jail plus 110 days house arrest), up to one year in jail, 10-year license suspension, yellow plates, interlock device, and vehicle forfeiture. Fines up to $2,750.

When facing these escalating charges, a qualified New Castle DUI lawyer is essential to minimize the potential damage to your future.

• Fourth or Fifth DUI in Six Years (or 6th in 20 Years, BAC 0.08 to 0.17): A fourth-degree felony. Minimum 60 days to one year of local incarceration (or 60 days jail with an option for an additional 6 to 30 months), fines up to $10,500, potential lifetime license suspension, yellow plates, interlock device, and vehicle forfeiture.
• Fourth or Fifth DWI in Six Years (or 6th in 20 Years, Refusal or High BAC): A fourth-degree felony. Minimum 120 days local imprisonment (or 60 days prison with optional 6 to 30 months addition), potential lifetime suspension, yellow plates, and up to $10,500 in fines.
• Second Felony OVI (BAC 0.08 to 0.17): A third-degree felony. Minimum 60 days in prison (up to five years), probable lifetime suspension, yellow plates, and fines up to $10,500. To avoid forfeiture or proceedings, an ignition interlock is required.
• Second Felony DWI (Refusal or High BAC): A third-degree felony. Minimum 60 days in prison (up to five years), probable lifetime suspension, yellow plates, and fines up to $10,500.

Facing felony charges is a critical emergency that demands the immediate attention of a criminal lawyer.

How We Can Help in Defense Against Your DWI Charges

When you hire our legal team, we work tirelessly to have your charges reduced or dismissed. Common defense strategies used by a New Castle DUI lawyer include:

• Demonstrating the vehicle stop was unlawful and lacked probable cause.
• Proving the officer failed to read Miranda Warnings before custodial interrogation.
• Identifying errors in the administration of field sobriety or chemical tests.
• Exposing failures in the planning or execution of sobriety checkpoints.
• Challenging inaccurate breath test results or blood test errors.
• Proving there was no valid reason for the arrest.
• Highlighting non-alcohol factors that may have mimicked signs of intoxication.
• Identifying procedural errors committed by the police officer.

OVI Offenses We Handle in New Castle

Sean Logue, a dedicated New Castle criminal lawyer, possesses years of experience handling a wide spectrum of OVI cases, including:

OVI First Offense

Whether this is your very first brush with the law or the first in ten years, the charge remains the same. The legal BAC limit for adults in Ohio is 0.08 percent.

OVI Second Offense

A second charge within ten years carries harsher penalties, including longer jail sentences and license suspensions. Although it is a misdemeanor, you need a New Castle DUI lawyer to fight for reduced charges.

OVI Third Offense

A third charge in ten years escalates the situation significantly. Penalties may include house arrest, alcohol rehabilitation, incarceration, and the mandatory use of yellow “party plates.”

Physical Control of a Vehicle

Under Revised Code Section 4511.194, you cannot be in physical control of a vehicle while impaired by drugs or alcohol. This includes holding keys while in the driver’s seat, even if the car is not moving. While less severe than an OVI, a New Castle criminal lawyer can help you navigate this misdemeanor charge.

OVUAC (Underage OVI)

For those under 21, the impairment limit is just 0.02 percent, as minors are prohibited from consuming alcohol. While a misdemeanor, this conviction can negatively impact future educational and career prospects.

Felony OVI

While usually a misdemeanor, a third OVI in ten years or a fifth in twenty years becomes a felony. Depending on prior convictions and BAC, this is filed as a third or fourth-degree felony, requiring the intervention of a New Castle DUI lawyer.

DUID (Driving under the Influence of Drugs)

If you are stopped with drugs in your system, you face a DUID. This applies to illegal substances like heroin, crack, marijuana, and LSD, as well as prescription opioids and over-the-counter medications.

Aggravated Vehicular Assault

Per Ohio Revised Code Section 2903.08, causing an accident that results in injury while intoxicated leads to Aggravated Vehicular Assault. This is a felony carrying a mandatory prison sentence, which a New Castle criminal lawyer will fight to avoid.

Aggravated Vehicular Homicide

Under Section 2903.06, if impaired driving results in another person’s death, you will be charged with vehicular manslaughter or Aggravated Vehicular Homicide. This felony carries a mandatory prison sentence.

OVI Out-of-State

Visitors working or traveling in Ohio often face OVI charges. These are complex as the defendant lives elsewhere. As your New Castle DUI lawyer, we can represent you in court, easing the burden of travel.

Intoxicated Boating

Operating a boat while impaired carries the same charges and penalties as driving a car.

Being charged with an OVI is incredibly stressful. Sean Logue and the team at Logue Law are highly trained in defense strategies. Allow a skilled New Castle criminal lawyer to guide you through the legal process. Call us today at (330) 992-3036. We are available 24/7 and offer free initial consultations.