Ohio DUI/OVI Lawyer

In Ohio, OVI (Operating a Vehicle Impaired) is the legal term for what many states call DUI or “Driving Under the Influence.” An OVI charge can happen to almost anyone. For many people, an OVI charge is their first encounter with the criminal justice system; it’s natural to be concerned about how this will affect your job, your reputation, and your freedom.

Don’t let one decision derail your future. With so much on the line, you need an OVI lawyer who is prepared to step into the breach and stand between you and the government.

At Wesley Buchanan, Esq., we have resolved countless DUI/OVI cases quickly and discreetly. We help our clients put their charges behind them so they can move forward with their lives. To learn how we can help you, contact Wes Buchanan to schedule a consultation.

DUI/OVI Charges in Ohio

In Ohio, “operating a vehicle impaired” means operating any vehicle while impaired by alcohol, drugs, or some combination of the two. It’s worth taking a closer look at exactly what that means.

“Operating” a vehicle doesn’t necessarily mean that you are driving. If you are in the driver’s seat, with the ability to start the vehicle and put it in motion, you can be charged with OVI. The term “vehicle” includes cars and trucks, but also things like motorcycles, commercial vehicles, even motorized scooters or off-road vehicles if used on public roads.

“Impairment” means that your ability to safely operate the vehicle is affected by alcohol or drugs, including prescription and over-the-counter medicines. It’s not necessary to have a specific blood alcohol concentration (BAC) level or to be in an accident for a police officer to find that you were impaired. A determination of impairment is based on the officer’s observations and judgment, which means it is subjective.

The bottom line is that Ohio’s OVI law is broad and flexible. On one hand, that gives prosecutors greater ability to charge drivers. On the other hand, it creates opportunities for a skilled OVI lawyer to challenge the details of the charges against you.

Ohio OVI Charges and Penalties

The DUI lawyers at Wesley Buchanan, Esq. won’t sugarcoat the challenges you’re facing, but we will keep you informed and strategize a clear plan to handle them. Here are some things you need to know.

First-Offense OVI is a misdemeanor, but still carries serious penalties for conviction, including:

• At least three days, and up to six months, in jail
• Fines of $565-$1,075 dollars
• Driver’s license suspension for one to three years
• Six points on driving record

Other possible penalties may include probation, restricted driving privileges, alcohol or drug treatment, and the requirement of an ignition interlock.

For a Second-Offense OVI within 10 years of the first, penalties increase significantly: minimum jail time is 10 days; fines are higher; driver’s license suspension may be for as long as seven years; and an ignition interlock device is mandatory. The driver’s vehicle may be forfeited or immobilized for a period of time.

A Third-Offense OVI conviction involves at least 30 days, and up to a year, in jail; even higher fines; license suspension of two to twelve years; and possible permanent forfeiture of a vehicle. Fourth- and Fifth-Offense OVIs are felony offenses that carry mandatory prison time as well as other serious penalties.

Factors That Can Increase Ohio OVI Penalties

The penalties described above are standard in OVI cases, but certain factors can increase the penalty for any OVI. These aggravating factors include:

• BAC of 0.17% or higher
• Refusal to submit to chemical testing (triggers immediate administrative license suspension)
• Prior refusal to submit to chemical testing, even without a prior OVI conviction
• A minor was in the vehicle
• An accident or injury occurred

License suspensions can begin immediately, long before a conviction for OVI. Knowing what to do if you are stopped, and contacting an experienced Ohio OVI lawyer as soon as possible, can help to preserve your legal rights and ensure a better outcome of your case.

What to Do if Stopped for DUI/OVI in Ohio

Getting stopped by the police is intimidating. It’s natural to want to persuade the officer that you have done nothing wrong, but that impulse can cause serious problems for you later on. Here’s what to do if you suspect you are being stopped for OVI:

• Pull over to the side of the road as quickly as you can safely do so. Acting erratically or failing to stop can support police claims that you appeared to be impaired.
• Be polite and cooperative. Provide your driver’s license, vehicle registration, and proof of insurance when asked.
• Say as little as possible, and don’t try to argue your case. Your explanations may be used as evidence against you.
• Know that field sobriety tests (like walking a straight line) are voluntary. They are used to collect evidence. You may decide to comply, but you cannot be punished for refusal.
• Understand that refusal to take a chemical test (like a breath test) can trigger administrative license suspension and other consequences.
• Contact a DUI lawyer/OVI lawyer as soon as possible. What you do and say in the hours and days following your arrest can affect your case’s outcome.