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Ravenna DUI Lawyers

1. Grueschow, Michael: all felony, misdemeanor, and traffic cases for both adults and juveniles
2. Bird Law Office: 1st Offense DUI/OVI Penalties Jail – 3 Days Minimum up to 6 Months or, Driver Intervention Program – in lieu of 3 days in jail Jail – 6 Days (If Blood Alcohol Concentration .17 or Above) License Suspension – From 6 Months to 3 Years Yellow plates required for .17 BAC and above Fine – From $375-$1,075 2nd Offense DUI/OVI Penalties Jail – 10 Days Minimum and, Electronic Home Monitoring – From 18 Days to 6 Months Jail – 20 Days (If Blood Alcohol Concentration .17 or Above) Fine – From $525 to $1,625 License Suspension – From 1 to 5 Years Yellow plates and Interlock required Vehicle Immobilization – 90 Days Driver Intervention Program 3rd Offense DUI/OVI Penalties Jail – 30 Days to 1 Year or, Jail – 15 Days and Electronic Home Monitoring from 55 days to 1 Year Jail – 60 Days (If Blood Alcohol Concentration .17 or Above) Fine – From $850 to $2,750 License Suspension – From 2 to 10 Years Yellow plates and Interlock Vehicle Immobilization – 180 Days Vehicle Forfeiture Attend Mandatory Alcohol Treatment Program 4th Offense DUI/OVI Penalties Felony Offense Jail – 60 Days to 1 Year Fine – From $1,350 to $10,500 License Suspension – From 3 Years to Life Yellow plates and Interlock Vehicle Forfeiture Mandatory Drug / Alcohol Treatment Program Drinking and Driving Laws in Ohio It is illegal in the State of Ohio to drive with a blood alcohol concentration (BAC) of .08 or above. The limit is lower for commercial drivers and drivers under the age of 21. In Ohio a DUI is called a OVI, meaning “Operating a Vehicle Intoxicated”. The Ohio OVI law includes alcohol or drugs or both.
3. Dan Weisenberger: Ohio's DUI Laws Ohio's DUI law is extremely complex. Many people, including attorneys who dabble in DUI law only occasionally, do not have a clear understanding of how it works. Definitions Ohio DUI laws prohibit any person from operating a vehicle within Ohio if they are either under the influence or above the prohibited limits. Let's have a look at the definitions, since they are the key to understanding the DUI law. * "Operate" means to cause or have caused movement of a vehicle on any public or private property used by the public for purposes of vehicular travel or parking. * "Vehicle" means any device used for transport, including cars, trucks, motorcycles, bicycles, lawn mowers, etc. It does not include motorized wheelchairs or electric personal assistive mobility devices. * Ohio's DUI law applies anywhere "within this state", not just on the roads. When a person is accused of violating Ohio's DUI law, they are typically charged with two violations. * First, they are charged with being "under the influence". This particular charge requires the prosecution to prove that the driver's ability to operate the vehicle was impaired, to a noticeable degree, by alcohol and/or drugs. "Drugs" includes prescription medication as well as illegal substances. * Second, if the person took a breath, blood or urine test and the test results indicated a prohibited level (of either alcohol or drugs) then the person is typically charged with another DUI violation: Operating with a prohibited level of alcohol and/or drugs. The prosecution can attempt to prove both "under the influence" and "prohibited level", but the person can only be sentenced on one. In cases where the alcohol level exceeds .17 or where the driver refuses the test, the penalties are dramatically increased. In cases where the driver refuses the test, the police sometimes file an additional charge of DUI Refusal. Typically the prosecutor has to prove the "under the influence" charge as part of the DUI Refusal charge. When a person refuses to take the test in a DUI case, it makes it far more difficult for the prosecutor to prove the case, especially if the driver was pulled over for a purely technical infraction (like No License Plate Light). On the other hand, a refusal increases the potential penalties if the person is convicted, and causes some judges to be more reluctant to grant limited privileges, etc. Probable Cause An officer has to have a valid reason to stop or detain a person. This simply means that the officer has to have a reasonable basis or justification to believe that the person is breaking a law. Violation of any law will suffice (such as failure to signal a turn). Without a valid reason, the whole case may be thrown out. Additionally, the officer must have a "reasonable suspicion" that the driver is under the influence in order to arrest for a DUI. Normally the officer uses his observations to meet this requirement. Additionally, most officers will conduct a series of field sobriety tests to help them make this determination. Field Sobriety Tests The three standard tests now in use are the Horizontal Gaze Nystagmus test (HGN), the Walk & Turn test and the One-Leg Stand test. The officer must substantially comply with a set of instructions when administering these tests. Some departments also have portable breath testing devices that can be used at the scene. The results of the portable tests are not admissible in evidence to prove the DUI charge, but are simply meant to assist the officer. There is no penalty for refusing the field sobriety tests or the portable breath test, although most officers will not be happy. Who gets to choose the test? Ohio law allows the officer to choose the type of test required. Most officers choose a breath test unless drugs are suspected. There are many detailed requirements concerning the use of tests in evidence, including proof that the test was taken within 3 hours of the time of the operation of the vehicle (2 hours if you hold a CDL) Videos The most important piece of evidence in your case is usually the video recorded from the cruiser dash- camera. Many departments have dash-mounted video cameras in their cruisers, which are automatically activated when the overhead lights are turned on. However, the officer can manually turn the camera (and the sound) off and on, using a device on his belt. The camera is usually located just to the right of the rear-view mirror in a small 3-inch box. It can be manually aimed in all directions to record whatever the officer chooses. The audio track of these dash cams also picks up sound from the officer's lapel microphone as well as a microphone in the roof of the cruiser interior.