OVI Attorney in Steubenville, Ohio
At Youngstown Criminal Law Group, our skilled OVI attorneys in Steubenville, Ohio are here to assist you with any OVI charges you may be facing. When it comes to operating a vehicle while impaired, commonly referred to as OVI, different acronyms are used in the legal realm. However, the most accurate term is Operating a Vehicle Impaired or OVI.
If you find yourself in Ohio, you might come across the following terms for OVI:
- Driving under the influence or DUI
- Driving with Unlawful BAC Level or DUBAL
- Driving while impaired or DWI
Operating a Motor Vehicle Impaired or OVI
Additionally, if a driver involved in an accident is under the legal drinking age of 21, the offense would be called Operating a Vehicle After Underage Consumption or OVUAC.
Regardless of the name given to the offense, the consequences of OVI or OVUAC can be severe. They often include fines, jail time, license suspension, and the mandatory installation of an ignition interlock device. If you are facing an OVI charge, our dedicated Steubenville OH criminal lawyer is ready to thoroughly investigate your case and build a strong defense strategy on your behalf. We are committed to providing top-notch legal representation and are widely recognized as one of the leading groups for criminal lawyers in Steubenville, Ohio.
Penalties for OVI in Ohio
- Prior offenses
- Blood alcohol concentration (BAC)
- Whether the driver refused the test
Under Ohio Revised Code § 4511.19, individuals convicted of driving under the influence (DUI) in Steubenville OH may face a range of penalties if they fail to seek assistance from a Steubenville OH OVI lawyer. Here’s a breakdown of the potential consequences for different scenarios:
- First DUI in six years, with a BAC of 0.8 or higher but lower than 0.17: First-degree misdemeanor with a minimum of three days of imprisonment. Mandatory participation in the Driver Intervention Program (DIP) for up to six months. Up to six months in jail. License suspension for up to three years. Fines of $1,075.
- First DUI in six years, with a BAC higher than 0.17 and refusal for a test: First-degree misdemeanor with a minimum of six days of imprisonment and participation in the DIP for three days. Up to six months of imprisonment. License suspension for up to three years. Fines of $1,075. Compulsory use of a yellow restricted license plate. Installation of an ignition interlock device to avoid further legal proceedings.
- First Operating Vehicle under the Influence of Alcohol/Drugs (OVUAC) in one year: Fourth-degree misdemeanor resulting in imprisonment for up to thirty days. Fine of up to $250. License suspension for two years.
- Second OVUAC in one year: Third-degree misdemeanor resulting in imprisonment for up to sixty days. Fine of up to $500. License suspension for five years.
- Second DUI in six years, refusal for breath test, with a BAC of 0.17 or higher: First-degree misdemeanor with a minimum imprisonment of twenty days or ten days imprisonment and thirty-six days in alcohol monitoring (HAEM) and/or continuous alcohol monitoring (CAM). Up to six months of imprisonment. License suspension for up to five years. Mandatory use of yellow restricted license plates. Installation of an ignition interlock device (compulsory for alcohol-related offenses, optional for drug-related offenses). Prohibition from driving for ninety days. Fines up to $1,625.
- Third DUI in six years, with a BAC of 0.08 or higher, but less than 0.17: Unclassified misdemeanor with a minimum imprisonment of thirty days or fifteen days in jail and fifty-five days of house arrest with HAEM and/or CAM. Up to one year of imprisonment. License suspension for up to ten years. Mandatory use of yellow restricted license plates. Installation of an ignition interlock device (compulsory for alcohol-related offenses, optional for drug-related offenses). Fines up to $2,750. Forfeiture of your vehicle.
- Third OVI in six years, breath test refusal or BAC 0.17 or higher: Considered an unclassified misdemeanor. Minimum imprisonment of sixty days or thirty days imprisonment and one hundred and ten days of house arrest with HAEM and/or CAM Up to one year of jail time. License suspension for up to ten years. Mandatory use of yellow restricted license plates. Installation of an ignition interlock device. Forfeiture of your vehicle. Fines up to $2,750.
- Fourth or Fifth DUI in six years or a Sixth DWI in 20 years, with a BAC of 0.08 or higher but less than 0.17: Considered a Fourth-degree felony. Minimum of 60 days to one year of local incarceration or 60 days in jail with the option of an additional 6 to 30 months. Fines of up to $10,500. Lifetime license suspension. Compulsory yellow restricted license plates. Installation of an ignition interlock device. Possible vehicle forfeiture
- Fourth or Fifth DUI in six years or a 6th DUI in twenty years, refusal to take a breath test or a BAC of 0.17 or higher: Also considered a Fourth-degree felony. Minimum of 120 days up to one year of local imprisonment or 60 days in prison with the option of an additional 6 to 30 months. Lifetime license suspension. Compulsory yellow restricted license plates. Fines of up to $10,500. Requirement to install an ignition interlock device
- Second Felony OVI, with a BAC of 0.08 or higher but less than 0.17: Considered a Third-degree felony. Minimum of 60 days in prison up to five years. Probable lifetime license suspension. Compulsory yellow restricted license plates. Fines of up to $10,500. Requirement to use an ignition interlock device to avoid legal proceedings or vehicle forfeiture.
- A Second Felony DUI constitutes refusing a breath test or having a BAC of 0.17 or higher, and it escalates to a Third-degree felony. The potential consequences are severe, including a minimum prison sentence of 60 days up to five years. In addition, lifetime license suspension, mandatory yellow restricted license plates, and fines reaching up to $10,500 may apply. Furthermore, alcohol-related cases call for the installation of an ignition interlock device, while drug-related cases allow it as an option. It’s important to note that vehicle forfeiture may also be possible.
How We Can Help in DefenseAgainst Your DUI Charges
When facing DUI charges, you need an experienced ally who will fight to defend you. That’s where a Steubenville OH criminal lawyer comes in. They can help minimize, or even dismiss, the charges against you. Here’s how they can assist:
- Evaluating the validity of vehicle stops without reasonable cause or probable suspicion.
- Ensuring Miranda Warnings were properly given during custodial interrogations.
- Challenging the accuracy of field or chemical sobriety tests.
- Examining the sobriety check post planning and execution for any mishandling.
- Scrutinizing breath test results for potential errors.
- Reviewing blood tests for any irregularities.
- Assessing whether there was justifiable cause for arrest.
- Investigating factors unrelated to alcohol that may contribute to signs of intoxication.
- Identifying any mistakes made by the police officer during legal proceedings.
OVI Offences We Handle in Steubenville
As a trusted Steubenville OH OVI lawyer, Sean Logue brings extensive experience in providing professional legal representation for a range of OVI cases. From first-time offenses to felony charges, we are here to assist you throughout the legal process.
- First Offense OVI: Whether it’s your initial OVI charge or the first within ten years, you’ll face the legal limit of 0.08 percent for adults in Ohio. We understand the seriousness of this charge and will work tirelessly to defend your rights.
- Second Offense OVI: If you find yourself facing a second OVI charge within a ten-year period, the penalties become more severe, including an extended driver’s license suspension, higher fines, and potential jail time. However, our team will explore all possible defenses to help you navigate this challenging situation.
- Third Offense OVI: A third OVI charge within ten years can have serious consequences, such as drug or alcohol rehabilitation, house arrest, mandated “party plates” on your vehicle, and incarceration. With our expertise in handling such cases, we will fight for the best possible outcome.
- Physical Control of a Vehicle: Under Ohio law, being in physical control of a vehicle while under the influence can result in misdemeanor charges. This includes situations where you might be impaired and simply holding the car keys while seated in the front seat. While the penalties are not as severe as a first OVI charge, our skilled legal team will provide the necessary guidance.
- Underage OVI (OVUAC): Individuals under the age of 21 are prohibited from consuming alcohol in Ohio. If you’re a minor with a blood alcohol concentration (BAC) level of 0.02 percent or above, you may face charges. We understand the potential impact this offense can have on your future, and we will work diligently to protect your rights and minimize the consequences.
- Felony OVI: While most OVI charges are misdemeanors, a third offense within ten years or a fifth offense within twenty years can be classified as a felony. The severity of the charge depends on your BAC level at the time of arrest and prior charges. Our experienced team will provide strategic defense strategies tailored to your specific situation.
- DUID (Driving under the Influence of Drugs): If drugs are detected in your system during a police stop, you may face a DUID charge. This includes prescription and over-the-counter medications, as well as substances like LSD, marijuana, crack, heroin, opioid painkillers, and other drugs.
- Aggravated Vehicular Assault: According to Section 2903.08 of the Ohio Revised Code, causing an accident while intoxicated and resulting in injury can lead to a charge of Aggravated Vehicular Assault. This felony offense carries a mandatory prison sentence.
- Aggravated Vehicular Homicide: Also under Section 2903.06 of the Ohio Revised Code, when someone dies as a result of drinking and driving, it is considered vehicular manslaughter or Aggravated Vehicular Homicide. This felony charge carries a mandatory prison sentence.
- OVI Out-of-State: Visitors or out-of-state workers in Ohio may face OVI charges, which present unique challenges due to their residency in another state. However, Youngstown Criminal Law Group offers exceptional representation in court to alleviate concerns.
- Intoxicated Boating: Operating a boat under the influence is a chargeable offense in Ohio, carrying the same penalties as OVI charges on land.
Facing an OVI charge can be daunting. At Logue Law, Sean Logue and his colleagues specialize in OVI defense and will guide you through the process with expertise. Contact us today at (330) 992-3036 for a free initial consultation. Our team is available 24/7 and ready to assist you.
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