OHIO OVI DEFENSE ATTORNEY
KNOW YOUR RIGHTS
Do you know your rights if you are pulled over for an OVI in Ohio?
- You have the right to refuse the breathalyzer and the blood test. However, if you refuse, your license will be suspended for one year if this is your first OVI (called an “ALS” suspension). You may, however, be able to get driving privileges for work or school after the first 30 days of the ALS suspension.
- If you have prior OVI convictions or have previously refused a breathalyzer or blood test, you could face harsher — even doubled — penalties if you refuse the tests.
- If you refuse to take the breathalyzer or blood test or you take and fail the tests, you have 30 days to request an appeal hearing to determine whether all of the proper legal procedures were followed. If you don’t request this hearing within 30 days, you cannot stop your license from being suspended. A good reason to talk to an experienced Ohio OVI lawyer now.
- It is much harder for the prosecutor to convict you if you refused all sobriety tests (the breathalyzer and blood tests), because without this chemical evidence, they don’t have any hard evidence to use against you.
- You do not have to answer any incriminating questions from an officer (such as “Have you been drinking?” or “How much have you had to drink?”) when you’re pulled over for suspicion of OVI.
- Before you can be found guilty of an OVI in Ohio, the State must prove two key facts beyond a reasonable doubt:
- That you were actually operating the vehicle. There must be testimony of actual movement of the vehicle with you behind the wheel and the keys in the ignition.
- That you were impaired. This can be shown by chemical or other physical evidence (i.e. the results of chemical tests showed that the alcohol or drug level in your blood was over the legal limit) or testimony by the officer about they way you looked, moved or acted (i.e. during field sobriety tests).
- A first offense Ohio OVI is a first degree misdemeanor which carries a minimum sentence of three days in jail or three days in a driver intervention program and a maximum sentence of six months in jail.
- Ohio law finds a driver to be “under the influence” if he or she has a breathalyzer or blood alcohol level of .08 or more or if he or she is impaired as evidenced by the observations of the arresting officer.
- If you are under 21, you can be charged with a special, zero tolerance OVI called a OVUAC (operating a vehicle after underage alcohol consumption) if you have a blood alcohol content over .02.
- You have a right to a jury trial in a misdemeanor Ohio OVI case, and all eight people on the jury have to agree in order to find you guilty.
OHIO OVI PENALTIES
First Offense Conviction
- Fines up to $1,000
- Jail time of 3 days (or a 3 day driver intervention program) up to 6 months
- License suspension of 6 months up to 3 years
Second Offense Conviction
- Fines up to $1,500
- Jail time of 10 days to 180 days
- License suspension of 1 to 5 years
- Vehicle immobilization for 90 days
Third Offense Conviction
- Fines up to $1,500
- Jail time of 30 days to 1 year
- License suspension of 1 to 10 years
- Vehicle immobilization for 180 days
OHIO OVI DEFENSE
Douglas Riddell is an Ohio OVI attorney with extensive experience representing clients faced with OVI charges in jury trials, bench trials and motion hearings. As an experienced Ohio OVI attorney, Mr. Riddell represents clients facing drunk driving charges throughout Ohio, including:
Columbus & Central Ohio
- Greater Cincinnati
- Columbus (Franklin County)
- Delaware (Delaware County)
- Grandview Heights
- Grove City
- Lancaster (Fairfield County)
- Lewis Center
- Marble Cliff
- New Albany
- Plain City
- Shawnee Hills
- Upper Arlington
Riddell Law represents clients in cases ranging from first-time 1st offense Ohio OVI offenses to repeat OVI charges that can carry significant penalties, including jail or prison time.
As Columbus, Ohio OVI attorneys, we are often asked questions about Ohio OVI law and what to do if pulled over on suspicion of an OVI in Ohio. Toward addressing these frequently asked questions, we have put together a few FAQs about Ohio OVI law below.
TOP FIVE FAQs ABOUT OHIO OVI LAW
1. OVI v. DUI: What is the Difference?
2. Field Sobriety Tests: What Are Police Officers Looking For?
3. If Pulled Over for an OVI, Should You Take the Breathalyzer Test?
4. What Should You Consider in Choosing an OVI Lawyer?
5. Can I Get Driving Privileges for Work or School if I Have an OVI Charge?
HIRING AN ATTORNEY TO HELP WITH
YOUR OHIO OVI IS CRITICAL
When faced with a drunk driving charge, contacting an experienced attorney is essential. Several possible defenses to the charges may be available that you depending on the facts of your case and your attorney should consider.
Riddell Law is committed to protecting your right to counsel, guaranteed by the Sixth Amendment to the U.S. Constitution and Article 1, Section 1o of the Ohio Constitution. Take advantage of this right — and do not try to represent yourself. The potential consequences of having an Ohio OVI (or multiple OVIs) on your record are too serious, including the stigma of having a criminal conviction, jail time, fines, driver’s license suspension, electronic home monitoring, vehicle immobilization, mandatory alcohol treatment programs, increased insurance rates, and loss of your job and future employment opportunities.
Many people decide not to hire a lawyer and opt to just plead guilty without hiring an OVI attorney, only to spend years facing the consequences. Remember: Decisions made today in your Ohio OVI case could affect the rest of your life.
Failure to exercise your rights after an Ohio OVI arrest is the biggest mistake you can make. Doug Riddell has helped countless clients–from college students to retirees–in Columbus, Franklin County, and surrounding areas to negotiate or litigate a favorable resolution to their Ohio OVI charges.
NO UNCERTAIN HOURLY FEES:
WE WILL QUOTE A FLAT FEE UP FRONT
At Riddell Law, we do not believe in hiding the ball when it comes to fees. We do not believe in running up your legal bill with costly hourly fees. Rather, we will quote you a flat free up front at your initial consultation.
At your initial consultation, Ohio OVI attorney Douglas Riddell will review your case with you, will answer your questions, and will give his best assessment of your case based on the information provided. If you don’t think we are right for the job, you are under no obligation.
To make payment easier, in addition to cash and checks, Riddell Law accepts all major credit cards. Further, we offer payment plan options to qualified clients.
To speak with us by phone or to schedule your FREE consultation and review your legal rights, call 614-361-2804, contact Attorney Douglas Riddell by e-mail at email@example.com, or fill out the confidential contact form to the right.Google+