Things We Think about as DUI/OVI Attorneys in Ohio

Many people in Ohio know the potential issues that come with a charge of Operating Vehicle Under the Influence of Drugs or Alcohol (OVI). We also know that “DUI” is still very much in the lexicon of the people of Ohio. But it is worth mentioning that “OVI” is the term now used by legal institutions. That’s just one of things that we think about as DUI/OVI attorneys in Ohio.

Important Note

This article is NOT meant to replace hiring an attorney. In fact, none of our posts are meant to give any legal advice at all. But some of these topics may shed some light on our readers’ legal questions. If you still have questions or require legal representation, feel free to contact us! If you are interested in other topics surrounding OVI, we have a whole topic about it on our blog.

First Time OVI Offense?

Section 4511.19 of the Ohio Revised Code (ORC) deals with OVI penalties. One of the factors that determines OVI penalties is how many times the offender has recently been convicted of OVI. The ORC section that spells out these penalties can be rather complex. This is one thing we have to think about as DUI/OVI attorneys in Ohio and we have a blog post dedicated specifically to it.

High Test/Refusal

Another factor that plays into the penalties you face from an OVI is how high the law enforcement’s test reveals your blood alcohol content (BAC) to be. You are legally OVI if you are driving a vehicle with a BAC over 0.08%. But if theist reveals that your BAC is 0.17% or over, that is a “high test.” The penalties for this can be higher than a regular OVI. Similarly, you may face additional penalties if you refuse the chemical test after law enforcement offers you one. You can still be convicted of OVI even if you do not fail a chemical test. And, even if you do not end up being convicted of OVI, refusing the chemical test is in itself a violation of implied consent laws.

The Age of the Driver

This is something we have to think about often as practicing DUI/OVI attorneys. And if you think about it, you will likely see why. No one under the age of 16 should be operating a vehicle by themselves. And no one under the age of 21 should be drinking. 18 is also a significant age, because if a driver is under 18, the case will be handled by the juvenile court.

Conclusion

There are other things to consider when facing a DUI/OVI in Ohio. As defense attorneys, we have had over three decades of experience dealing with these cases. If you or someone you know needs help dealing with any charge, criminal, traffic or both, do not hesitate to contact Dearie, Fischer & Martinson.