KNOW YOUR RIGHTS
Do you know your rights if you are Stopped for an DUI in Ohio?
- You can decline to take the blood, urine, or breathalyzer tests. However, if you decline, your license will be suspended for a year (referred to as a “ALS” suspension) if this is your first OVI. However, you might be able to drive for work or school after the first 30 days of the ALS suspension. Before the first ALS hearing, we will carefully review all of the documentation to look for any technical issues that could render the otherwise necessary driver’s license suspension void.
- Refusing a breathalyzer or blood test could result in harsher penalties, possibly doubled, if you have a history of OVI convictions or refusals.
- You have 30 days to ask for an appeal hearing to find out if all the correct legal procedures were followed if you refuse to take the blood or breathalyzer test or if you take and fail the field sobriety tests. You cannot prevent the suspension of your license if you do not request this hearing within 30 days. An excellent reason to speak with a knowledgeable Ohio OVI attorney right away.
- Refusing all sobriety tests, including the blood and breathalyzer tests, makes it much more difficult for the prosecutor to convict you because they lack concrete evidence against you in the absence of this chemical evidence.
- When you are pulled over on suspicion of OVI, you are not required to respond to any incriminating questions from the officer, such as “Have you been drinking?” or “How much have you had to drink?”
- In a misdemeanor Ohio OVI case, you are entitled to a jury trial, and a conviction requires the consent of all eight jurors.
- In Ohio, the State must establish two essential facts beyond a reasonable doubt before you can be convicted of an OVI:
- that the car was really being driven by you. What constitutes “operation” of a vehicle is an issue that has been debated by Ohio courts. According to certain courts, there needs to be proof that the car actually moved while you were driving and the keys were in the ignition. Other courts have determined operation when there is a chance that the vehicle will move (i.e., the engine need not be running).
- That you were impaired. Chemical or other physical evidence (for example, chemical test results indicating that your blood alcohol or drug level was above the legal limit) or the officer’s testimony regarding your appearance, movements, or behavior (for example, during field sobriety tests) can demonstrate this.
- A first offence The minimum penalty for Ohio DUI which is a first-degree misdemeanor, is three days in jail or three days in a driver intervention program. The maximum penalty is six months in jail.
- According to Ohio law, a driver is considered to be “under the influence” if their blood alcohol content or breathalyzer reading is.08 or higher, or if the arresting officer’s observations show that they are impaired.
- If your blood alcohol content is higher than.02, you may be charged with OVUAC (operating a vehicle after underage alcohol consumption), a special, zero tolerance OVI for those under 21.
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Experienced Ohio OVI attorneys located in Cleveland
At Quinn Legal Associates, Inc., we effectively represent people accused of DUI or OVI in the state of Ohio. Quinn Legal Associates’ lawyers have over forty years of education and experience in Ohio DUI defense. We have created a successful formula over the years that enables us to provide you with better service.
CHOOSE WISELY! THE DUI DEfense attorney you choose will make a difference
OHIO OVI PENALTIES
First Offense OVI Conviction Penalties
- Fines from $375 to $1,075
- Jail time of 3 days (or a 3 day driver intervention program) up to 6 months
- License suspension of 1 to 3 years (**If the offender agrees to a restricted license with unlimited privileges and an ignition interlock on their vehicle, the suspension could be reduced in half (i.e. if given the minimum one year suspension, could be reduced to six months**)
- Possible drug/alcohol assessment and recommended treatment
- Possible restricted yellow “party” license plate
Second Offense OVI Conviction penalties
- Fines from $525 to $1,625
- Jail time of 10 days to 180 days (minimum 20 days if a “high test” or chemical test (i.e. breathalyzer) refusal in the past 20 years)
- License suspension of 1 to 7 years
- No driving privileges for 45 days from date of the offense
- Vehicle immobilization for 90 days if vehicle registered to the Defendant
- Mandatory drug/alcohol assessment and recommended treatment
- Restricted yellow “party” license plate required if a “high test” or chemical test refusal in the past 20 years)
third Offense OVI Conviction penalties
- Fines from $850-$2750
- Jail time of 30 days to 1 year (minimum 60 days if a “high test” or chemical test (i.e. breathalyzer refusal in the past 20 years)
- License suspension of 2 to 12 years
- No driving privileges for 180 days (6 months) from the date of the offense
- Forfeiture of the vehicle if registered to the Defendant
- Mandatory drug/alcohol assessment and recommended treatment
- Mandatory restricted yellow “party” license plates