We filed a suppression motion to keep out the breath test, raising arguments about the stop, field sobriety tests and breath test. As a result, she avoided points to her license, a year-long license suspension and did not have to serve any time in jail or at a driver's intervention program. Some commonly known defenses that span well beyond the OVI sphere include when the arresting officer fails to read the offender their Miranda rights upon arrest; a lack of probable cause (or illegal search and seizure, per the Fourth Amendment of the U.S. Constitution); or the failure to complete the charging documents properly. Virtually all Ohio colleges and universities have the power to discipline their students for a DUI . Legal Beagle: How to Know If a DUI Is on Your Record. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. If you have been charged with any crime in Hamilton County, contact the Cincinnati criminal defense attorneys with LHA today for a free, initial consultation. I would recommend him to anyone. Although our client was stopped for speeding and ultimately provided an over-the-limit breath test, we worked his case to the fullest extent possible to obtain an agreement to dismiss the charges with a plea to a non-moving citation instead. In Ohio, most first-time, non-violent offenses can be removed from your criminal record through expungement. How to Get Your Ohio Driver's License Back After an OVI/DUI The ability to get your driver's license back after an Ohio OVI will vary based on what happened in the underlying case. It is rare, however, for this maximum sentence to be imposed upon a first time offender. At your arraignment, you must enter a plea of guilty or not guilty. To accomplish this, we achieved an order vacating his administrative license suspension due to issues we raised with the ALS form. Understanding Ohio OVI laws, outlined in ORC 4511.19 is important when preparing your case - depending on your charges, you could face a felony OVI which comes with far more serious charges. Take advantage of this opportunity today. If you request and the judge grants . OVI, Possession and Paraphernalia Charges Dismissed: Our client was charged with an OVI, drug possession and drug paraphernalia charges after an accident. Once you complete the program, your record will be cleared, and you could move forward with your life. That depends. However, after successfully presenting both legal challenges and mitigating circumstances, and agreement was reached to reduce the OVI to a non-moving violation, saving our client from high points to his license, jail and a license suspension. When a person is driving while intoxicated or under the influence of alcohol or drugs in Ohio, they can be arrested for operating a vehicle impaired (OVI). Our client was charged with an OVI after a traffic stop, standardized field sobriety tests, and refusing a breath test. We aggressively defended against the charges raising issue with the traffic stop, obtaining a dismissal of the OVI charges. An OVI charge is not something you want to handle on your own. After being stopped for allegedly driving without headlights on, our client found herself subjected to SFSTs and giving a breath test that the police claimed was over twice the legal limit. Important in this case was an argument about the State Trooper prolonging the detention to investigate an OVI with little evidence of an OVI, and the Trooper's claim that our client's speech was slow and slurred despite the video showing clear, articulate and responsive speech. This saved our client from an OVI on her record, a year-long license suspension, a mandatory drivers intervention program, jail time, points to her license and a high fine. The first step to beating a DUI charge is to obtain an attorney who regularly and successfully practices DUI defense. The penalty for OVI in Ohio depends on the number of OVIs you've committed or if you have any other prior offenses. It is fairly typical for judges to calibrate the sentence based on aggravating factors, such as an unusually high BAC or causing an accident. After filing a suppression motion raising issues regarding whether the one-way road was properly marked and whether the police had sufficient suspicion of impairment to justify expanding and prolonging the traffic stop, the State agreed to dismiss the OVI charges with our client pleading to a traffic offense. As a result, we not only saved our client from an OVI conviction but we also protected his CDL and his livelihood. If you have been charged with your second DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following: Monetary fines of over $1,000. DUI Diversion Programs in Ohio We then entered into extensive negotiations with the prosecutor involving the arresting officer and judge to reach an agreement pleading down the OVI and avoiding any license suspension. Mr. Willison has been working as a Columbus Ohio OVI DUI attorney since the late 1990's. He is very familiar with the OVI DUI process and with the local bench. After experiencing a flat tire, our client found the police arrive to put him through field sobriety tests and have him submit to a breath test that resulted in a high reading. Get answers now with a FREE Ohio DUI attorney consultation. When you face an OVI, you may not know what to do. Our client entered the wrong road to a state park and was ultimately charged with an over-the-limit OVI after urine test results were returned. Outside of criminal consequences, the charge will appear on a person's permanent record, available for future employers and schools to view. This saved our client from high points to his license, a license suspension and high fines. It may also grant the violator limited driving privileges after a 15-day probationary period. After being charged with an OVI, he needed to not only achieve a reduction of the OVI but his administrative license suspension (ALS) needed to be vacated. Something went wrong while submitting the form. In Ohio, what many states call a DUI charge (for driving under the influence of alcohol or drugs) is usually called an OVI (operating a vehicle impaired), but despite the different name, the consequences ranging from fines to jail time to license suspension are just as serious. Our client was charged with an OVI after she tested over-the-limit on a breath test. The sobriety test itself can also provide a source of potential legal challenges to an OVI charge in Ohio. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. We wouldnt have WON without their experience and dedication. Because a more recent change in Ohio law removed the requirement that a vehicle must be "motorized," the current acronym that refers to driving under the influence is "OVI" (Operating a Vehicle Impaired). The steps to challenging a DUI generally include: Here are some of the issues that aggressive OVI defense lawyers use to challenge OVI charges. Affected by other conditions such as the location, road, or weather where the tests were completed. Our client was charged with an OVI after the police initiated a traffic stop for a burnt out headlight and alleged improper turn, completing field sobriety tests, and obtaining a breath test that was over the limit. September 7, 2021. Our client was charged with an OVI after a third party made a report of drunk driving. As a result, our client accepted an offer to reduce the OVI to a traffic citation to avoid a year-long license suspension, high points and high fines. Operating a Vehicle Impaired (OVI) is a serious charge. Under existing Ohio law, the court must, (in addition to imposing jail time or ordering participation in a driver intervention program) suspend the license of anyone convicted of an OVI violation. After an argument erupted between our client and his girlfriend, he found himself charged with domestic violence. Even if a defendant has blown an above-the-limit BAC (blood alcohol concentration) breath test, they're still just facing an OVI charge, which is not yet a conviction. After raising several evidentiary issues, we were able to persuade the prosecutor and judge to agree to a dismissal of the charges with our client pleading to merely a minor misdemeanor with a maximum fine of $150.00, no license suspension, no jail, no probation, and no driver's intervention program. Begin Your Defense Today: (513) 399-6289 Ohio's Administrative License Suspension ALS If you are arrested for an OVI in Ohio, your license may have been suspended administratively. Learn how you can fight your conviction here. Under Ohio law, first-time offense penalties mostly vary by how intoxicated a driver is. As a result, the OVI charges were dismissed with our client pleading to a traffic citation instead. After extensive negotiations with the prosecutor and discussions with the judge, and agree was reached for the State to dismiss the OVI charges in exchange for a plea to a non-moving violation. We have helped hundreds of clients get their OVI charges reduced or dismissed. A DUI is known as an OVI in Ohio, and you can be charged with an OVI even if you weren't physically driving the vehicle. "Sandra, "Excellent service, not only did I win my case but the level of customer service was phenomenal!! Our client was charged as the result of driving under an administrative license from an OVI charge. As a result, we obtained dismissal of all OVI charges. Second OVI With Over-the-Limit Breath Test Reduced: Our client was charged with a second OVI with a breath test that was nearly twice the legal limit. Instead, she simply paid a small fine. Because it carries with it 4 points, a mandatory license suspension and the possibility of up to 6 months in jail, he chose to hire use to help protect himself. First offense: up to 6 months in jail, up to 5 years probation, fine of up to $1,075. As a result of these challenges, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. That could be cut in half if the court allows driving privileges using an ignition interlock device. After working with our client, obtaining discovery and negotiating with the prosecutor, an agreement was reached to reduce the OVI to a traffic citation saving our client from high points, jail time, high fines and the impact of an OVI to his driving record and insurance. If you've been charged with DUI/OVI and need help, call us at (513) 338-1890 or fill out our online contact form to schedule a free . Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. As the law firm of Gounaris Abboud, LPA, of Dayton and Springboro point out, improperly calibrated or improperly administered testing equipment, such as breathalyzers, blood tests or urine tests, may not yield admissible evidence in court.