DUI Arrest Lawyer in Cleveland, Ohio
DUI means “Driving Under the Influence” of substance or alcohol. However, they have a new acronym in Ohio, they call it OVI or Operating a Vehicle Impaired. With their new acronym, they more accurately indicate the span of Ohio’s DUI or OVI laws. First of all, you don’t need to be driving to be charged with OVI or DUI. Second, the word “impaired” includes the abuse of drugs and others. And third, the law enforcement officer is the one who will conclude if you are driving impaired. Somehow there are several tips on how to avoid this and to prevent drunk driving fatalities.
How will you be convicted with DUI or OVI by the officer? Here’s how:
6 Steps of Testing Procedures
Here are the steps on how you can be convicted with OVI/DUI, the procedures usually starts with this:⦁ Stopped in Traffic
If you are exhibiting a driving habit that would cause the law enforcement to suspect you of OVI or DUI, such as speeding, making wide turns, weaving, or other things that could indicate drunk driving. You might also be stopped at the roadside for a sobriety checkpoint. When you pull over, the enforcers will ask for your license, insurance, and registration. You will also likely be asked to perform a few tests of field sobriety, this will test your reactive and physical acuity.⦁ Breath and Sometimes Blood Testing
You will most certainly be asked to take a breath test to check if you had drunk alcohol. There are also some cases that you’ll take a blood test.⦁ Getting Arrested
If your result in your breath or blood tests or field sobriety tests has a Blood Alcohol Concentration (BAC) of 0.8% (0.2% for those under 21 years old), you will be taken by the enforcement officers to the police station and be booked. This will include taking photos of you, fingerprinting, and will be placed in a holding cell.⦁ The Indictment
You are going to be formally charged in front of the judge and will start making your plea. You will need a decent consent to help you decide what you can do. If you are pleaded with ‘not guilty’, a date of pretrial hearing will be set. But if you plead ‘guilty’, the game will then be over and you will immediately be sentenced.⦁ The Pretrial Hearing
This will happen when a certain negotiation has taken place concerning your case. If the evidence that is presented against you in the court are inaccurate in some way, it can or will be presented to the prosecutor and could possibly help dismiss your case, or your charges can be reduced in negotiation. If the said rial is going to proceed, the date will be set.⦁ The Dreaded Trial
During the trial, the witnesses for the prosecution would be placed on the stand to be cross-examined by your defense attorney. There are some cases that would require the use of expert witnesses. The prosecutor should be able to prove a reasonable doubt that DUI has taken place. Having also a dash cam footage will help you with this kind of case. This will either tell if you are guilty or not guilty. If you are called not guilty, you will then be released. But if you are guilty, you will then be sentenced.
The Penalties of DUI/OVI in Ohio
In here will be a list of penalties that you can get when you are caught Driving Under the Influence, these are the number of offenses and their penalties:1st Offense
⦁ You will stay for 3 days to 6 months in jail
⦁ Would be fined from $250 to $1,000
⦁ The license will be suspended for 6 months to 3 years
⦁ Stay for 10 days to 1 year in jail
⦁ Get fined for up to $350 to $1,500
⦁ The license will be suspended for 1 to 5 years
⦁ You’ll get jailed for 30 days to 1 year
⦁ You will be fined for up to $350 to $1,500
⦁ Your license will be suspended for 1 to 10 years
⦁ You are required to give an IID
⦁ You will be jailed for 60 days to 1 year
⦁ Will get fined for up to $800 to $10,000
⦁ Your driver’s license will be suspended for 3 years or permanently
⦁ You are required to give an IID
What is the Percentage of BAC to get Concluded with OVI in Ohio?
If you are under the age of 21, you can get concluded of DUI or OVI if you have a BAC or blood alcohol concentration of 0.2%. For those who are 21 above, a blood alcohol concentration of 0.8% is the amount of BAC to get convicted for DUI/OVI. You can check the BAC level chart to estimate how many drinks you’ll have to drink, which could put your BAC equal to or above the legal level or limit.
What Happens If You Refuse to take the Tests?
In Ohio, they have an implied consent law. It means that, if you refuse to take the chemical tests you will immediately get subjected to a fine, and your license will automatically be suspended.
Here the penalties and offenses if you have refused to take the chemical tests:1st Offense
⦁ Your driver’s license will be suspended for 1 year.
⦁ Your driver’s license will be suspended for 2 years.
⦁ And for the third offense, your driver’s license will be suspended for 3 years.
How to Prevent DUI or OVI?
The best answer for this question is to not drink and drive. Ohio has strict laws when it comes to drunk driving. If you drink and drive in the state of Ohio, and then got caught, you will risk your finances, freedom, and your future. If you are convicted of OVI for the first time, you will receive an ALS or Administrative License Suspension for 90 days.
The OVI or DUI laws in Ohio are quite complicated, and each case is different. If you have been charged or arrested for OVI, you should contact a highly experienced criminal defense attorney that you know of.