Drivers that get charged with OVI are often not in the habit of committing crimes. It is not unusual to have an OVI be the first crime you have been charged with in your life. Naturally, many OVI defendants wonder what to expect when charged with OVI and worry about the consequences. As Ohio attorneys who have been working OVI cases for over 30 years, we know some things that may help.
What are the consequences for a First Time OVI in Ohio?
First time OVI defendants face a mandatory fine between $565.00 and $1,075.00. There is also a mandatory 3 day jail period that can be increased up to 6 months at the discretion of the Court. The Court also has the option to send an offender to a certified driving course instead of all or part of the jail sentence. We understand that this is a wide range of possible outcomes as far as jail time. There are many factors that the court may consider in deciding a sentence, some of them out of your control. One thing that is always in your control, however, is the way you behave while in court.
What if this is not my first OVI?
If you have an OVI sometime in the past, the penalty for getting a new OVI depends several factors. How much time has passed since your last OVI and your blood alcohol content are some of the relevant details.
What Outcome Should I Hope for in my OVI Case?
The best outcome for any criminal case, from the perspective of the defendant is a dismissal. If the case cannot be dismissed, sometimes it can be reduced. Reductions can be particularly important in an OVI case because OVI charges are both traffic and criminal charges. Sometimes they can be reduced to a charge that is only traffic. Unfortunately, both dismissals and reductions are relatively rare once someone is charged with OVI. If there were alcohol or drugs involved, judges and prosecutors do not like to ignore that detail. And that’s the detail that makes the charge OVI instead of some other traffic charge.
However, some defendants can also make a deal with the prosecution even if you end up with a conviction. Penalties for an OVI conviction can range from very small to very big. This is partly based on Ohio Law itself, but some of the decision is up to the court. The Court usually bases its decision on your situation and the arguments you are able to make. That’s why it makes sense to hire an attorney who knows what outcomes are reasonable based on the facts of your case, as well as how to argue your side to the Court.
Conclusion
If you are charged with an OVI in 2026, feel free to contact Dearie Fischer & Martinson. We have been practicing OVI defense in Ohio for over 30 years, and we are ready to take on whatever our clients need in the coming year.
