Ohio OVI: Driving in Drinking in Ohio Could Lead to these Penalties

by 48 Minutes | Sunday, Sep 25, 2016 | 413 views

Lawyer in CincinnatiFiguring out the potential penalties for an OVI conviction in Ohio will be dependent on the offender’s previous OVI offenses, the BAC level at the time of the offense, and whether the offense involved severe bodily harm or death. With this in mind, the potential penalties could include the following:

  • Imprisonment or jail time between three days and 15 years
  • Costly fines between $75 and $20,000
  • Driver’s intervention, alcohol, and/or drug awareness classes or rehab programs
  • Equipping the offender’s vehicle with an IID or ignition interlock device and alcohol tracking system
  • Yellow plates for OVI offenders
  • Court fees and costs
  • Revocation or suspension of driver’s license
  • Vehicle forfeiture or immobilization

ALS or Administrative License Suspension

In the event that and offender refused to submit to chemical tests when apprehended for a possible OVI, the civil authorities will suspend his or her license. This administrative license suspension occurs if the offender declines breath, blood, or urine chemical testing. Take note that the ALS is different from the driver’s license suspension following a conviction for OVI. The ALS penalty is a civil penalty and is only utilized for penalizing offenders who decline chemical testing, while a license suspension following a conviction for OVI is classified as a criminal punishment, explains the Law Offices of Steven R. Adams' drug crime attorney in Cincinnati. An OVI offender, regardless of if he or she has been convicted with OVI or not, could request a trial for reconsidering the ALS penalty 30 days after the order of the suspension.

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Possible OVI Defenses

A common defense to OVI is erroneous chemical test procedures. For instance, inaccurate results from testing could appear in the event of incorrectly administered tests, inconclusive test results, tainted tests due to external factors, or in case the testing machines weren’t calibrated correctly. Other possible defenses could include constitutional rights violations, including the failure of the arresting officer to read you the Miranda rights, the absence of probable cause to pull over your vehicle, or the arresting officer forcing you to answer questions in the absence of your lawyer. It’s vital to consult your lawyer for possible defenses that could apply to your OVI case since the particular details and facts of OVI charges differ from one case to the next.

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