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• Ohio DUI Lawyers: Ohio drunk driving cases are referred to as Ohio OVI (operating a vehicle while intoxicated), Ohio DUI (driving under the influence of alcohol), or Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate to the same offense, found in the Ohio Revised Code. Ohio drunk driving arrests trigger two separate cases: the court case, where penalties include jail time, fines, mandatory classes, and more; and the Ohio Bureau of Motor Vehicles case, where the arrestee's driving privileges are at stake. URGENT: IF YOU OR SOMEONE YOU CARE ABOUT HAS BEEN CHARGED WITH ANY TYPE OF OHIO DRUNK DRIVING OFFENSE, WHETHER OMVI, DUI, OVI, OR ANY OTHER TYPE OF DRINKING AND DRIVING CASE, THE LAW LIMITS THE AMOUNT OF TIME YOU HAVE TO CONTEST THE AUTOMATIC SUSPENSION OF THE DRIVER'S LICENSE. CONTACT A LAWYER RIGHT AWAY. Ohio DUI law makes it a crime for any person to operate a motor vehicle while having any amount of alcohol or drugs or combination of the drugs and alcohol that impairs their physical or mental abilities to an appreciable degree. This offense does not require proof of any specific amount of alcohol in your system; therefore, you don't have to take the blood, breath, or urine test to be convicted of this offense. Ohio drunk driving law also makes it illegal to operate a motor vehicle with a specific level of alcohol in your system: .08% as determined by blood, breath, or urine testing. These are called per se offenses, and they have nothing to do with alcohol interfering with the driver's physical or mental abilities. They are based purely on body chemistry. In order to be convicted of a drinking and driving offense in Ohio, the defendant's guilt must be proven beyond a reasonable doubt. This means that the prosecutor has the burden of proving each element of the crime to the exclusion of every reasonable doubt, and in the case of a reasonable doubt as to any element, the accused is entitled to a verdict of not guilty. What are the elements of Ohio DUI cases? Each aspect of an Ohio OMVI case must be analyzed to determine if the prosecutor can meet his or her burden. This will depend on the type of evidence the prosecutor can introduce on each of the following points. "Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in Ohio. Many cases in Ohio have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver's seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense. "Vehicle" is also broader than the limited application to a car. It includes a motorcycle or bicycle or any device that is moved by power other than human power. Courts have determined that a mounted bicycle, golf cart, tractor, riding lawnmower and other devices are included in the definition of "vehicle". Obviously motorized wheelchairs are excluded. It should be noted here that there are separate code sections for the operation or physical control of watercraft under the influence and it has its own set of definitions. "Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence. "Appreciable" means noticeable or perceptible. Highlights of Ohio's DWI Law Here are highlights from Ohio law on driving while intoxicated (ORC Ch. 4511.19 to 4511.197). legal terms associated with drunk driving in Ohio. 'Per Se' BAC Level: .08 Zero Tolerance BAC Level: .02 Enhanced Penalty BAC Level: .17 Implied Consent Law: Yes License Suspension 1st Offense: 6 months License Suspension 2nd Offense: 1 year License Suspension 3rd Offense: 1 year Mandatory Jail Time after 2nd offense: Yes Mandatory Alcohol Education: No Mandatory Assessment/Treatment: After 3rd offense Possible Ignition Interlock: Yes Possible Vehicle Confiscation: After 4th offense Hardship License while license suspended: After 15 days Open Container Law: For driver and passenger These are highlights of the main provisions of Ohio law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered. If you have been arrested for drunk driving in Ohio, contact an attorney in your area to determine you rights and responsibilities. Source: ORC Ch. 4511.19 to 4511.19 Punishment In OHIO DUI/OMVI/OVI Cases The sanctions and penalties for each offense depend upon the prior criminal record, traffic record, prior DUI convictions, level of alcohol, and specific facts of the individual case. That's why it is so important to contact a lawyer that concentrates on defending DUI, OMVI, or OVI cases. Note: At the higher levels of concentration of alcohol, the penalty will double in jail time and other increased sanctions. Also, each time one has been convicted of this or a similar offense in the past it will increase the penalties for the current offense. If you are a minor (under age 21) the penalties are different than for an adult. They also include jail as a sanction and such conviction will count as a prior conviction in any future DUI cases to enhance the penalty. Punishment for a DUI conviction will include jail time, fines, suspension of driving privileges, possible impounding of license plates, immobilization or forfeiture of the vehicle, or even seizure of the vehicle. Because of the severity of these charges, consulting a DUI defense attorney is critical. Punishments for Low Tier - BAC of .08 - .170 Offense in last 6 years Jail Time Fine Driving Suspension Occ. Priviledges 1st 3 days - 6 months $250 - $1000 6 months - 3 years after 15 days 2nd 10 days - 6 months $350 - $1500 1 year - 5 years after 30 days 3rd 30 days - 1 year $550 - $2500 1 year - 10 years none 4th (4th degree felony) minimum 60 days $800 - $10,000 3 years - Life none 5th (3rd degree felony) 60 days - 5 years $800 - $10,000 3 years - Life none Punishments for High Tier - BAC of .171 and higher Offense in last 6 years Jail Time Fine Driving Suspension Occ. Priviledges 1st 6 days - 6 months $250 - $1000 6 months - 3 years after 15 days 2nd 20 days - 6 months $350 - $1500 1 year - 5 years after 30 days 3rd 60 days - 1 year $550 - $2500 1 year - 10 years none 4th (4th degree felony) 120 days - 30 months $800 - $10,000 3 years - Life none 5th (3rd degree felony) 120 days - 5 years $800 - $10,000 3 years - Life none BAC Test Refusal Punishments BAC Test refusal carries an administrative penalty with suspension periods of 1 year for a 1st offense, 2 years for a 2nd offense within 5 years, 3 years for a 3rd offense within 5 years, and 5 years for 4th or subsequent offenses. A suspension for refusal will nt be terminated if a person is found "not guilty" of a DUI Offense. The penalty for BAC test refusal is less than the penalty for a drunk driving convinction. Home Confinement with Electronic Monitoring Reserved for 2nd and 3rd offenses. May be used as an alternative to a portion of the incarceration period when there are overcrowded jail conditions: Offense BAC Jail Time House Arrest 2nd .08 - .17 5 days 18 days 2nd above .171 10 days 36 days 3rd .08 - .17 15 days 55 days 3rd above .171 30 days 110 days Driver's Intervention Program 1st Offense option, may serve in lieu of imprisonment. Option will be presented by judge during sentencing. Vehicle Actions: € Vehicle Registration and license plate impoundment - Possible on a 1st offense, mandatory for 90 days on a 2nd offense. € Vehicle Immobilization - Mandatory for 90 days on a 2nd offense. Immobilization fee is $100 € Vehicle Forfeiture - Mandatory for 3rd or subsequent offenses. € Immediate vehicle seizure - Mandatory for 2nd or subsequent offenses € DUI Special License Plates - standard for any alcohol related offense
• David Davies:

     Dui evidence falls into five categories:

  1. Driving symptoms (weaving, lane straddling, etc.)

  2. Personal symptoms (slurred speech, bloodshot eyes, etc.)

  3. Field sobriety tests   ("walk-the-line", reciting the alphabet, etc.)

  4. Incriminating statements ("I only had six beers")

  5. Blood-Alcohol Evidence - Usually a breath test but sometimes a blood test. 

  Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:

  • There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.

  • You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.

  • Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.

  • If you refuse to submit to a breath or blood test, you must be advised of the legal consequences (the "implied consent" advisement).

  • If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.