What Are the Legal Defenses to an OVI Charge in Ohio?

 Posted on September 10, 2024 in Criminal Defense

Operating a vehicle under the influence (OVI) of alcohol or drugs is a serious crime in Ohio. An OVI conviction can incur severe penalties ranging from fines, jail time, license suspension, and more. These depend on many factors such as:

• Whether it is a first-time offense
• The age of the driver
• The amount of the substance used
• Whether the driver refused to submit to an alcohol or chemical drug test

Understanding an OVI charge and its penalties is an important first step toward forming a legal defense. Speak with an Ohio OVI defense attorney who will craft a legal strategy to protect your rights.

What Are the Penalties for an OVI?

Because it depends on several factors, the OVI penalty structure is complex. Assuming a driver 21 or older has submitted to all tests and is convicted of an OVI, he or she may receive:

• A fine between $375 and $1,075, jail time for three days to six months, and license suspension for one to three years for a first offense.
• A fine between $525 and $1,625, jail time for 10 days to six months, and license suspension for one to seven years for a second offense. 
• A fine between $850 and $2,750, jail time for 30 days to one year, and license suspension for two to 12 years for a third offense.

An offense is only considered a second or third offense if it occurs within 10 years of the first.

What is Blood-Alcohol Concentration?

If you are pulled over by law enforcement in Ohio on suspicion of drunken driving, you will likely be subjected to a breathalyzer test. The breathalyzer will determine your blood-alcohol concentration (BAC), which is how much alcohol there is in your blood supply. The legal maximum BAC allowed is 0.07%, which means that if the breathalyzer returns a result of 0.08% you will be charged with an OVI.

If a driver’s BAC is 0.17% or higher, the charge becomes an "aggravated OVI" and penalties may vary. A driver convicted of an aggravated OVI, for example, may be ordered to place yellow license plates on his or her car to publicly identify that he or she was convicted of an OVI.

What Are the Legal Defenses to an OVI Charge?

There are several defenses that may be used to fend off an OVI charge:

• The breathalyzer, blood test, or urine test results are inadmissible.
• The police officer violated your Fourth Amendment rights with illegal search and seizure.
• Your BAC only appeared to be higher due to mouth alcohol, diabetes, or other conditions.
• Your BAC only reached an illegal level after you were pulled over.

Contact a Summit County, OH OVI Defense Attorney

Fighting an OVI charge is difficult and is best done with the help of an aggressive Wadsworth, OH OVI defense lawyer. With more than 21 years of combined legal experience, we are ready to create a strong legal defense to protect your rights. Schedule a consultation with one of the excellent attorneys at The Law Office of Whitney K.S. Miller, LLC by calling 330-725-4114 today.