If you face a drinking and driving charge in Ohio, you need a skilled and knowledgeable defense lawyer on your side. Because you face both administrative and criminal penalties, you need to act fast to fight the charges against you. In fact, you have only a few days to appeal the administrative license revocation, and to begin putting together a solid defense strategy.
At The Farrish Law Firm, L.P.A., our drunk driving defense lawyers can help you understand your legal options and the potential consequences of a conviction while ensuring your rights remain protected. We will fight for you, working to help you keep as many driving privileges as possible and reduce other penalties against you. Call us today at 513-403-9699 to schedule a free case evaluation.
How does Ohio law deal with drunk driving offenses?
If police arrest you for drunk driving in Ohio, you face a charge known as “operating a vehicle under the influence” (OVI). This is the same as a driving while intoxicated (DWI) or driving under the influence (DUI) charge in other states.
Like other states, the legal limit for most drivers in Ohio is a blood-alcohol content (BAC) of .08 percent. If you fail a breath, blood, or urine test because your BAC is .08 or more, you will likely face an OVI charge.
Those under the legal drinking age of 21 and those with a commercial driver’s license have lower legal limits. The legal limit for anyone under the age of 21 is .02 percent, while commercial drivers face arrest if they drive with a BAC of .04 or above.
Ohio also has implied consent laws, meaning you face penalties if you refuse BAC testing when the police have a good reason to believe you may be intoxicated behind the wheel. This includes an automatic driver’s license suspension and other consequences similar to those of an OVI arrest.
What can I expect if the state convicts me of an OVI charge?
An OVI arrest and conviction brings both legal and administrative consequences. First, you face an automatic administrative license suspension unless you request an appeal in the first few days after your arrest. In this appeal hearing, we can present evidence of your innocence and ask an administrative law judge to allow you to continue driving. If this is not successful, we can help you apply for a hardship license.
The penalties in criminal court are somewhat more case-specific. There are a number of factors that go into determining the type of consequences you may face. This may include:
First Offense
- Jail Time: three days to six months (If given unlimited interlock for 1 year, the 3-day jail suspension may be suspended)
- Fines: $375 to $1,075
- License Suspension: one to three years
- Other Penalties: alcohol treatment, ignition interlock
If you refused the chemical test or police measured your BAC at .17 or higher, you face a minimum of six days in jail.
Second Offense
- Jail Time: 10 days to six months
- Fines: $525 to $1,625
- License Suspension: one to seven years
- Other Penalties: Electronic home monitoring for 18 days to six months, mandatory drug and alcohol assessment, ignition interlock
A refusal or a BAC at .17 or higher will get you a minimum of 20 days in jail.
Third Offense
- Jail Time: 30 days to a year
- Fines: $850 to $2,750
- License Suspension: two to 12 years
- Other penalties: Mandatory drug and alcohol addiction program, ignition interlock
You face a minimum of 60 days in jail if you refused to submit to a chemical test or if you blew a .17 or higher.
Fourth and Subsequent Offenses
A fourth OVI conviction is a felony offense under Ohio law. This means you face increased penalties:
- Jail Time: Up to a year
- Fines: up to $10,500
- License Suspension: Could be permanent, minimum three-year suspension
- Other Penalties: Automatic vehicle forfeiture, sentenced to a mandatory alcohol/drug rehabilitation program
If you were involved in a crash while you were intoxicated and another person suffered serious injuries, you may face additional charges. These charges bring even more severe consequences. We can help you understand the potential outcome of your charges during our initial consultation.
How can a OVI defense lawyer from The Farrish Law Firm, L.P.A. help me?
The best way to beat the OVI charges against you and get your life back to normal as soon as possible is to have a skilled DUI defense attorney on your side. We have the experience necessary to guide you through the criminal justice process and mitigate the impact of the charges against you. Members of our firm have been prosecutors and constables so we have insider knowledge of how the other side operates.
From the first meeting, we go to work protecting your rights and putting a strong defense strategy in place. When you enlist our help, we:
- Represent you in your administrative license suspension hearing or help you get a hardship license that allows you to drive to work.
- Go to bat for you with the prosecution, attempting to negotiate a plea deal to reduce the charges against you. If we can get them to pursue a lesser charge, we can reduce the likelihood of jail time and high fines.
- Represent you to the judge and jury. We will present evidence to support your defense, and provide the court with a good reason to acquit you of the charges.
Schedule your consultation today.
You do not have to face the consequences of a Mason, Ohio, OVI arrest alone. Call The Farrish Law Firm, L.P.A. today at 513-403-9699 to schedule a case evaluation.
