Arrested or Charged with DUI (ORC 4511.19) in Ohio?

Few things in life are more terrifying than facing criminal charges, especially when those charges are as serious as a DUI. If you or a loved one have been arrested in Ohio, it’s natural to feel overwhelmed by fear, confusion, and uncertainty about what the future holds.

First and foremost, remember that an arrest is not the same as a conviction. No matter how hopeless things may seem right now, you have constitutional rights and protections under the law.

By understanding the charges against you and partnering with an experienced criminal defense attorney, you can start building a strong case to fight for your freedom and future.

What Constitutes a DUI/OVI in Ohio?

In Ohio, driving under the influence is officially known as “Operating a Vehicle Under the Influence” (OVI). The law governing this offense is found in Ohio Revised Code § 4511.19.

Under § 4511.19, you can be charged with OVI if you operate a vehicle:

• Under the influence of alcohol, drugs, or a combination of both
• With a blood alcohol concentration (BAC) of:
  • 0.08% or higher for adults (21 and over)
  • 0.02% or higher for drivers under 21
  • 0.04% or higher for commercial drivers

It’s crucial to understand that you can be charged with OVI even if your BAC is below these limits if the officer believes you’re impaired.

Penalties for DUI/OVI in Ohio

The penalties for a DUI/OVI conviction in Ohio can be severe and long-lasting. They typically increase with each subsequent offense:

First Offense:

• Jail time: 3 days to 6 months
• Fines: $375 to $1,075
• License suspension: 1 to 3 years
• Possible mandatory attendance at a driver intervention program

Second Offense (within 10 years):

• Jail time: 10 days to 6 months
• Fines: $525 to $1,625
• License suspension: 1 to 7 years
• Vehicle immobilization or license plate impoundment

Third Offense (within 10 years):

• Jail time: 30 days to 1 year
• Fines: $850 to $2,750
• License suspension: 2 to 12 years
• Mandatory alcohol/drug treatment programs

For subsequent offenses or cases involving high BAC levels (0.17% or higher), the penalties become even more severe and may include felony charges.

“Per Se” vs. “Under the Influence” Violations

Ohio law recognizes two types of OVI violations:

• Per Se Violations: These are based purely on your BAC or drug concentration levels, regardless of whether you appeared impaired.
• Under the Influence Violations: These focus on whether alcohol or drugs actually impaired your driving ability, regardless of specific BAC levels.

Understanding the difference between these violations is key to building a strong defense if you’re facing OVI charges in Ohio.

What Happens After a DUI Arrest in Ohio?

If you’re arrested for DUI in Ohio, here’s what you can expect:

1. Initial Stop and Field Sobriety Tests: An officer will pull you over if they suspect you’re driving under the influence. They may ask you to perform field sobriety tests.
2. Chemical Testing: You’ll be asked to submit to a breath, blood, or urine test. Ohio has an “implied consent” law, meaning refusal can result in an automatic license suspension.
3. Arrest and Booking: If the officer believes you’re impaired, you’ll be arrested and taken to the police station for booking.
4. Administrative License Suspension (ALS): Your license may be suspended immediately if you fail or refuse a chemical test.
5. Court Appearance: You’ll be given a date for your initial court appearance, typically within a few days of your arrest.

Your Rights and Defense Strategies

Remember, an arrest is not a conviction. You have rights, and there are often effective defense strategies available. Some common defenses include:

• Challenging the Traffic Stop: Was there reasonable suspicion for the officer to pull you over?
• Questioning Field Sobriety Tests: These tests are often subjective and can be affected by factors unrelated to intoxication.
• Challenging Chemical Test Results: Were the testing procedures followed correctly? Was the equipment properly calibrated?
• Rising BAC Defense: Your BAC at the time of testing may have been higher than when you were actually driving.
• Medical Conditions: Some medical conditions can mimic signs of intoxication or affect chemical test results.

Why You Need an Experienced DUI Attorney

Facing a DUI charge alone can be daunting and risky. An experienced Cleveland DUI attorney can:

• Analyze your case for potential defenses
• Negotiate with prosecutors for reduced charges or penalties
• Represent you in administrative hearings to protect your driving privileges
• Guide you through the court process and protect your rights
• Help minimize the long-term consequences of a DUI charge

The Collateral Consequences of a DUI Conviction

Beyond the immediate legal penalties, a DUI conviction can have far-reaching effects on your life:

• Employment: Many employers conduct background checks, and a DUI conviction could cost you job opportunities.
• Professional Licenses: Certain professions may suspend or revoke your license after a DUI conviction.
• Insurance Rates: Your auto insurance rates will likely increase significantly.
• Immigration Status: For non-citizens, a DUI conviction could affect their immigration status or ability to become a citizen.
• Personal Relationships: The stress and stigma of a DUI can strain personal and family relationships.

How The Botnick Law Firm, LLC Can Help

At The Botnick Law Firm, LLC, we understand what’s at stake when you’re facing a DUI charge in Ohio. Our experienced team, led by Attorney Robert Botnick, a former prosecutor, has a deep understanding of Ohio’s DUI laws and how to navigate the legal system effectively.

We’re committed to providing aggressive, strategic defense to protect your rights and your future. From challenging evidence to negotiating with prosecutors, we’ll work tirelessly to achieve the best possible outcome for your case.

Take Action Now

If you’ve been arrested or charged with DUI in Ohio, time is of the essence. The sooner you have experienced legal representation on your side, the better your chances of a favorable outcome.

Don’t let a DUI charge derail your life. Contact The Botnick Law Firm, LLC today for a confidential consultation. We’re here to fight for your rights and your future.

Remember, you’re not alone in this. With the right legal team on your side, you can face your DUI charge with confidence and hope for a brighter future.