In Ohio there is no distinction between driving under the influence (DUI) and operating a vehicle under the influence (OVI). A person in Ohio is presumed to be operating a vehicle under the influence if his or her blood alcohol level (BAC) is 0.08. There are heightened penalties if his or her BAC is above 0.17. This does not mean that a person cannot be charged if their BAC is below a 0.08 either. In fact, it frequently happens.
A DUI is perhaps the most common serious offense an individual will be charged with. That being said, there are serious consequences for even being charged with a DUI. If you fail the breath test there is an automatic driver’s license suspension and you will not be eligible for driving privileges until fifteen days have passed. If you refuse the test you will not be eligible for privileges for thirty days. If you are convicted of a DUI you will have an automatic license suspension that could last for years. You face a mandatory three days in jail and maximum of 180 days for a first offense. You face a mandatory fine that can exceed $1000. Your driver’s license will be assessed six points and your insurance premium will likely increase significantly.
There are ways to successfully defend these cases. There is a possibility of succeeding in a motion to suppress, which could throw out the results of any tests that were conducted. Additionally, there may be a way to challenge the tests at a trial. An experienced lawyer can spot issues and discuss your options with you. Our attorneys have successfully handled numerous DUI cases; felony and misdemeanor, drug and alcohol, elevated and low tier, and first offense or subsequent offenses. We have succeeded at having the charges dismissed, and successfully negotiated charges with prosecutors.