OVI Attorney in Youngstown, Ohio
The offense of driving the vehicle under influence can be described with several acronyms. But the most correct one is Operating a Vehicle Impaired or OVI. If you are in Ohio, you might have heard the following terms too to indicate 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 OMVI
When the driver of the vehicle involved in accident is below the legal age of drinking, that is 21, then the crime will be Operating a Vehicle After Underage Consumption or OVUAC.
No matter what the crime is called, the consequences of OVI or OVUAC can serious. The person charged with OVI will be ordered to pay fines, spend jail time, get the license suspended and will be instructed to install the ignition interlock device. If you are in the area and have been charged with OVI, then come to Youngstown Criminal Law Group. Our Youngstown OVI lawyer will investigate all factors of your case and develop the case in your defense for you. We are one of the best groups for Youngstown criminal lawyer.
Penalties for DWI in Ohio
There are three factors that determines the charges of DWI in Ohio,
- If the person has previous offenses
- Blood alcohol concentration or BAC
- Whether the driver has refused test
Under Ohio Revised Code § 4511.19, the convicted will get the following penalties if you are not taking help from Youngstown OVI lawyer.
- First DUI in six years, BAC 0.8 or higher but Lower than 0.17: This is a first degree misdemeanor causing minimum three days of imprisonment, joining Driver Intervention Program or DIP up to six months in jail, license suspension up to three years and fines of $1,O75.
- First DUI in six Years, BAC higher than 0.17 and Refusal for Test: As a first degree misdemeanor causing minimum six days of imprisonment and three days of DIP, up to six months imprisonment, license suspension up to three years and fines of $1,075, compulsory use of yellow restricted license plate. Install ignition interlock device for avoiding proceedings.
- First OVUAC in One Year: This is a fourth degree misdemeanor resulting in up to thirty days of imprisonment, fine up to $250 and license suspension for two years.
- Second OVUAC in One Year: This is a third degree misdemeanor resulting in up to sixty days of imprisonment, fine up to $500 and license suspension for five years.
- Second DUI In six Years, Refusal for Breath test, BAC 0.17 or higher: First-degree misdemeanor resulting in minimum imprisonment of twenty days or ten days imprisonment and thirty six days HAEM and/or CAM up to six months of imprisonment, license suspension of up to five years, mandatory yellow restricted license plates, installation of ignition interlock device (compulsory if alcohol-related, optional if drug-related), prohibition to drive for ninty days, up to $1,625 in fines.
- Third DWI in six years, BAC 0.08 or higher, but less than 0.17 — Unclassified misdemeanor resulting in imprisonment of minimum thirty days or fifteen days in jail and fifty five days house arrest with HAEM and/or CAM up to one year of imprisonment, license suspension of up to ten years, compulsory yellow restricted license plates, installation of ignition interlock device (compulsory if alcohol-related, optional if drug-related), up to $2,750 in fines, and forfeiture of your vehicle.
- Third OVI in six years, breath test refusal or BAC 0.17 or higher — Unclassified misdemeanor, minimum imprisonment of sixty days or thirty days imprisonment and hundred and ten days house arrest with HAEM and/or CAM up to one year of jail time, license suspension of up to ten years, compulsory yellow restricted license plates, installation of ignition interlock device forfeiture of your vehicle. Up to $2,750 in fines.
- Fourth or Fifth DUI in six years or Sixth DWI in 20 years, BAC 0.08 or higher, but less than 0.17 — Fourth-degree felony, minimum 60 days to one year local incarceration or 60 days in jail with option of additional 6 to 30 months, up to $10,500 in fines, possible lifetime license suspension, compulsory yellow restricted license plates, installation of ignition interlock device, forfeiture of your vehicle.
- Fourth or Fifth DWI in six years or 6th DUI in twenty years, breath test refusal or BAC 0.17 or higher — Fourth-degree felony, minimum hundred and twenty days up to one year local imprisonment or sixty days in prison with option of additional six to thirty months, possible lifetime license suspension, compulsory yellow restricted license plates, up to $10,500 in fines. Use ignition interlock device to avoid proceedings or forfeiture of your vehicle.
- Second Felony OVI, BAC 0.08 or higher, but less than 0.17 — Third-degree felony, minimum sixty days in prison up to five years, probable lifetime license suspension, compulsory yellow restricted license plates, up to $10,500 in penalty. Use ignition interlock device to avoid proceedings or forfeiture of your vehicle.
- Second Felony DWI, breath test refusal or BAC 0.17 or higher — Third-degree felony, minimum sixty days in prison up to five years, probable lifetime license suspension, compulsory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, it is optional if drug-related, up to $10,500 in fines, possibility of forfeiture of your vehicle.
How We Can Help in Defense Against Your DWI Charges
If you hire a Youngstown criminal lawyer, then they can assist you to reduce your charges or get them dismissed for following reasons.
- Unlawfully stopping the vehicle without reasonable cause or probable suspicion.
- Not reading Miranda Warnings before the custodian interrogation
- Field or chemical sobriety test that is improperly administered
- Failure in planning and execution at sobriety check post
- Inaccurate breath test results
- Errors with blood tests
- No reason for arresting
- Factors not related to alcohol that might create signs of intoxication
- Errors in proceedings by the police officer
OVI Offenses We Handle in Youngstown
Youngstown OVI lawyer Sean Logue has years of experience in handling OVI cases, including the following:
- OVI First Offense: No matter if it’s the very first OVI charge you have received, or the first one in the ten years since your last one, you’ll be charged with a first OVI. The legal limit for adults in Ohio is 0.08 percent.
- OVI Second Offense: The second OVI charge you receive within ten years comes with harsher penalties, including a longer driver’s license suspension, higher fines, and a longer jail sentence. This is a misdemeanor charge, but you can still fight it and get the charges dropped or reduced.
- OVI Third Offense: If you wind up with a third OVI charge within a ten-year period, the penalties are even more serious than with a second OVI. Drug or alcohol rehabilitation and house arrest are just two of the potential penalties. Others include being required to put “party plates” (yellow OVI plates) on your vehicle and incarceration.
- Physical Control of a Vehicle: Ohio law, under the Revised Code Section 4511.194, states that a person who is under the influence of a drug of abuse, alcohol, or any combination of the two cannot be in physical control of a vehicle. For example, you can’t hold the keys in your hand while sitting in the front seat if you are impaired. This charge is considered a misdemeanor. The penalties that go along with it are not quite as severe as a first OVI charge.
- OVUAC (Operating a Vehicle after Underage Consumption, aka Underage OVI): The BAC level at which a person under the age of 21 is considered impaired is 0.02 percent. The reason for the low limit is that, in Ohio, the law states that minors are not allowed to consume alcohol. Though the charge is a misdemeanor, it can have a negative effect on your future, including your educational and career choices.
- Felony OVI: While most OVI charges are misdemeanors, a third OVI within a ten-year period or a fifth one within a twenty-year period is considered a felony offense. Depending on your BAC level at the time of arrest and the charges you received before, it could be filed as either a third- or fourth-degree felony.
- DUID (Driving under the Influence of Drugs): Having drugs in your system when you are stopped by police can lead to a DUID charge. Prescription and over the counter medications, as well as LSD, marijuana, crack, heroin, opioid painkillers, and other drugs can lead to DUID charges.
- Aggravated Vehicular Assault: The Ohio Revised Code under Section 2903.08 says that if, while you are intoxicated, you cause an accident (or are accused of causing an accident) in which someone is injured, you will be charged with Aggravated Vehicular Assault. This charge carries a mandatory prison sentence, which makes it a felony.
- Aggravated Vehicular Homicide: The Ohio Revised Code also says, under Section 2903.06, that if another person dies as a result of you drinking and driving, you will be charged with vehicular manslaughter. The charge is also referred to as Aggravated Vehicular Homicide. Because this charge is a felony, it comes with a mandatory prison sentence.
- OVI Out-of-State: Sometimes, people from other states who are visiting or working in Ohio find themselves facing OVI charges here. These are the most difficult to handle for the defendant, for the simple reason that they do live in another state. However, Youngstown Criminal Law Group is ready and willing to be their representative in court, easing their burden.
- Intoxicated Boating: You can be arrested while operating a boat in Ohio. The same charges apply in both situations, and the penalties are also the same.
Being charged with OVI is a stressful thing. Sean Logue and his colleagues at Logue Law are well-trained in OVI defense. They can ease your way through the process of an OVI charge. Call us today at (330) 625-9199. We offer free initial consultations and is available 24/7.
- ALS Appeal
- Administrative License Suspension
- Appealing a OVI Conviction
- Blood and Breath Tests
- CDL Disqualification for DUI
- CDL and OVI
- College Student Offense
- Forfeited Vehicles and Immobilization
- Hit and Run
- Limited Driving Privileges
- Marijuana and OVI
- Motion to Suppress
- OVI Differences and Defenses
- OVI Laws and Penalties
- OVI Traffic Stops and Checkpoints
- OVI With Property Damage
- OVI and Prescription Drugs
- Open Container Laws
- Other OVI Consequences
- Proof of Insurance Following an OVI Conviction
- Underage OVI
- Vehicle Searches Related to OVI
- Wrongful Entrustment Charges
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