Cincinnati Criminal Defense & DUI Attorneys

However, many first offenders may receive alternative penalties, such as probation, community service, or fines, especially if there are no aggravating factors involved. The likelihood of serving jail time increases if there are aggravating factors, such as a high blood alcohol concentration (BAC), having a minor in the vehicle at the time of the arrest, or causing an accident that results in injury or property damage. Ultimately, whether or not you face jail time will depend on the specifics of your case, the discretion of the judge, and the effectiveness of your legal representation. An experienced attorney can help negotiate plea deals or advocate for alternative sentencing options, which may help you avoid jail time altogether.

If this is your second DUI charge within ten years, you will be charged with a first-degree misdemeanor. This charge includes a mandatory jail term of ten consecutive days — unless the court finds jail space lacking, in which case, the court may impose a sentence of five days in jail followed by 18 days of house arrest with electronic monitoring or continuous alcohol monitoring. If your alcohol test was .170 or higher or, if you refused the chemical test, the minimum jail sentence increases to twenty days. The judge may also impose an additional jail term, not exceeding six months. As a repeat offender, you must install a certified ignition interlock device in your vehicle. This device tests your breath before allowing the vehicle to start, preventing operation if alcohol is detected. If convicted, fines will vary and include a reinstatement fee for your driver’s license and the cost of the ignition interlock device.

Along with legal assistance, providing emotional support is essential. A DUI charge can be overwhelming, so offering a non-judgmental, supportive environment will help your child cope with the situation and encourage them to take the case seriously. Additionally, it’s important to guide your child in demonstrating responsibility throughout the process. Encourage them to take proactive steps like enrolling in a DUI education program, seeking counseling if necessary, or completing community service to show the court their commitment to positive change. It’s also vital for both of you to understand the potential consequences of a DUI conviction, which can include fines, license suspension, and long-term impacts on their future. By addressing both the legal and personal aspects of the case, you can help your child move forward and learn from this experience.

Specifically, if an individual has three or more DUI convictions within 10 years or five or more within 20 years, a subsequent DUI will be charged as a felony. Additionally, if someone has a prior felony DUI conviction, any future DUI will automatically be treated as a felony. Another scenario where a DUI becomes a felony is when it involves serious bodily injury or death, leading to more severe charges like vehicular assault or vehicular homicide. The penalties for a felony DUI in Ohio are significantly harsher than for a misdemeanor DUI. A conviction can result in longer prison sentences, heavier fines, and extended or permanent driver’s license suspension.

Sealing the record of dismissed charges can prevent them from showing up in most background checks. For individuals convicted of a DUI, legal options may include pursuing other avenues, such as demonstrating rehabilitation or completing educational programs, to reduce the impact of the conviction on their life, but expungement remains unavailable for this specific offense.

Additionally, CDL holders face stricter blood alcohol concentration (BAC) limits. Violations of this limit can result in an automatic suspension. The employment consequences of a DUI for CDL holders are severe, as many companies have zero-tolerance policies for such offenses, often leading to job loss. Moreover, a DUI conviction can make future employment in the industry difficult to secure, as many employers are reluctant to hire drivers with a DUI record. In addition to disqualification from operating commercial vehicles, drivers can also face standard criminal penalties such as fines, jail time, and suspension of personal driving privileges.