Everyone processes alcohol differently. Genetics, gender, tolerance, body mass, and metabolism all play major parts in how the body reacts to drinking. The same amount of alcohol in two different people can lead to very different results. Your blood alcohol content (BAC) can be way over the legal limit long before you feel drunk. Maybe that’s what led you here.
At The Farrish Law Firm, L.P.A., we understand how those differences can be tricky, and we are here to help defend you after being charged with a DUI in Cincinnati, Ohio.
We’re not here to scold or shame you. It was one mistake. Your entire life should not be altered by one lapse of judgment. DUI/OVI charges can happen to anyone at any time.
That being said, they can also become very severe very quickly. Fines, insurance rates, incarceration, suspension of your driver’s license, and diversion can be included in the potential consequences. After being arrested for a DUI, things can seem to move very quickly, and we want you to know what you can expect. Some things that you should know about procedures and penalties in Ohio will follow:
- BAC can be measured using blood, breath, urine, or saliva.
- Ohio adults with a BAC of 0.08% or more will be considered legally drunk and are not permitted to drive a vehicle.
- Being under 21 and driving with a BAC between 0.02% and 0.08% will be considered Operating a Vehicle After Underage Consumption (OVAUC).
- Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are classified under the umbrella term Operating a Vehicle under the Influence (OVI)
- Refusing to take a sobriety test can result in a 1-5 years of license suspension.
After being arrested for a DUI charge, you may feel like it was not justified and you were treated unfairly. It could be possible to contest any of the above facts and to request an official court hearing, but your hearing needs to be held within five days of your arrest.
This is why it is vital to call a Cincinnati, Ohio DUI attorney immediately.
You can’t fight this alone, but you don’t have to. Our DUI lawyers know the ins and outs of Cincinnati drinking and driving laws. Sometimes, we are able to mitigate the consequences or get rid of the charge by proving one of the following:
- It was unreasonable for the officer to assume you were over the legal limit.
- The blood alcohol test (on the scene) was not requested.
- While in the police station, you were not aware of the consequences of failing or refusing to take the blood alcohol test because the officer did not communicate them to you.
- You took the blood alcohol test and you were under the legal limit.
Your Ability to Drive is Still at Risk.
Even if one of these things are proven, the law holds the right to suspend your license if you were seen as a threat to the safety of the public. Retrieval of your suspended license depends on when you were convicted and your prior history with DUI offenses. Fines for your first DUI can be as much as $1075 in Ohio, and that does not include the steep spike of your insurance premiums.
License Points
Something you can also expect, if you’ve been convicted of a DUI, you will have six points added to your driving record.
A DUI is in the highest class of violations, adding six points to your license. Other six-point violations include vehicular homicide, drag racing, and hit and run. One level lower, the four-point violations are reckless operation, disregard for the safety of other people, or operating a vehicle with an unlawful concentration of underage alcohol. The lowest point violations are two-pointers. These violations include operating a motor vehicle in violation of a restriction that the BMV imposed, and all other moving violations that are not listed above.
In Ohio, if you accumulate 12 or more points on your license in a two-year period, you will not be allowed to drive for six months. After that amount of time, you’ll be asked to take a remedial driving course, and after passing that, you’ll satisfy all of the requirements of the driver’s license suspension. Finally, you’ll need to take the driving test again to get a valid license.
The bottom line is this: do not go through this alone.
If this is your first offense, the understanding, assertive Cincinnati, OH DUI defense lawyers at The Farrish Law Firm, L.P.A. are here to help you through this scary, remorseful time. Getting representation immediately is so important when you’re going through this emotional time.
Our lawyers are extremely knowledgeable, not only about the law, but about the local court system. These two parts of the legal system are vital in your case. Our goal is to get you back on the road and back to your normal life.
If this is a second or repeated offense, we are also here to help you with that. The consequences, fines, incarceration, and license suspensions grow with each additional offense within six years, and it is necessary that you know a legal professional’s advice on how to go about that defense. It is our job to protect you from unjust penalties and to represent you in court.
The Cincy DUI defense lawyers at The Farrish Law Firm, L.P.A. are available for a free initial consultation 24 hours a day. Do not hesitate to contact us so that you can ask all the questions that are bouncing around in your head. We will walk you through this tricky time so that you can return to your normal driving habits.
