Recent Results
August 2010 – client charged with OVI and lane violation, took a breath test, and tested over the legal limit. Client was in a non-commercial vehicle when stopped but did have a CDL. Conviction of an OVI would have resulted in a mandatory one year suspension of the CDL. The OVI charge was amended to a physical control and the client saved his CDL and his employment.
Recent Results
Recent OVI Case Results
April 2010 -- Client charged with OVI and lane violation. Client performed well on field sobriety tests which were video taped. Client was polite throughout stop. Client took a breath test and tested over the legal limit. Prosecutor amended charge to physical control. Client did not receive any points on her license and her license was not suspended. Client was not convicted of OVI.
April 2010 -- Client was charged with OVI after being pulled over for a lane violation. Client ultimately tested .210 and was required by law to spend three days in jail and do a 3 day program because test result was so high. The high test charge was dismissed by the prosecutor and client avoided having to spend 3 days in jail.
March 2010 -- Case dismissed by prosecutor prior to suppression hearing. Client was underage and tested over the legal limit. Client was walking from a disturbance when bystanders pointed him out to police. Client drove away and was pulled over. Police had not witnessed any bad driving and had no reason to believe client was operating a motor vehicle while under the influence.
February 2010 -- All OVI charges dismissed by prosecutor prior to suppression hearing. 2nd offense within 6 years. Client refused breath test.
December 2009 -- OVI dismissed by prosecutor and client’s license reinstated. Client was charged with OVI, Driving Under Suspension, and a lane violation. Client agreed to take a urine test and it came back positive for hydrocone.
November 2009 -- Client charged with OVI after being pulled over after a passenger in his car was seen shooting paint ball gun from his car. Client performed well on field sobriety tests and refused to submit to breath test. All charges were dismissed prior to suppression hearing.
Recent Results
Recent OVI Case Results
May 2009 -- OVI dismissed by prosecutor during motion hearing. Client was pulled over for weaving and driving without two headlights. Snow on road and snowing during stop. Officer noted vomit on driver's side of vehicle. Officer's video showed client acting very normally and not having any trouble talking or walking. Field Sobriety Tests were performed on a porch of a business that had snow on it and that was significantly sloped. I took pictures of the porch and brought them to the hearing. Client refused a breath test. After reviewing the pictures and the video, the prosecutor felt there was insufficient evidence to proceed to trial and dismissed the case.
March 2009 -- OVI/Physical COntrol dismissed by prosecutor. Client took a urine test after performing well on field sobriety tests. Client was believed to have recently smoked marijuana. Urine test came back negative for marijuana but positive for two other drugs that client had prescription for. Prosecutor could not relate those drugs to a specific level in client's blood in order to prove the OVI.
March 2009 -- OVI dismissed by prosecutor. Client pulled over by trooper for driving too slow. Client admitted drinking a few beers but performed fairly well on field sobriety tests. Client took a breath test. Video of stop confirmed this.
January 2009 -- OVI dismissed by prosecutor. Client pulled over by trooper for making an illegal turn. Client admitted drinking a few beers. Client performed field sobriety tests almost perfectly. Client refused a breath test.
December 2008 -- OVI dismissed by prosecutor after suppression hearing. Client ran car into a pole when leaving a bar. Client hit head on windshield. Client had trouble standing and talking coherently. Client agreed to take breath test but couldn't give an adequate sample. Case dismissed. Cops didn't seek medical attention for client's obvious head injury. A witness we talked to at the bar indicated that client was in the bar for an hour but didn't consume any alcohol.
From these results and my experience I have learned that:
1. All hope is not lost even on the most difficult cases.
2. If you look good on video, your odds increase of getting a good result.
3. If you are polite, you'll help your case.
What Should I Say?
• It is advisable to be polite and courteous with the officer. Have your license and proof of insurance and registration for the vehicle ready at hand to present to the officer. Remember that if you fumble for it and drop it, he will interpret this as you being under the influence, so be prepared prior to him approaching the car. Always be truthful. Do not argue with the officer and never lie about anything. It will destroy your credibility and may be a crime in and of itself. You are not required to make incriminating statements, and admitting to having had six drinks in the last two hours will certainly hurt your chances of a favorable disposition in court. If asked if you have had anything to drink, you have some options instead of making some admission that will later hurt you. You can simply ask the officer some question about why he pulled your over or whether you are under arrest. Do not tell him what or how much you have had to drink. Simply avoid answering that question if possible. REMEMBER that everything you do say WILL be used in your case. If it can hurt you, the prosecutor will surely use it. If the officer’s questions become overbearing or impolite in his tone, you can tell him that you would like to talk to your attorney before you answer any more questions.
• At some time you will feel that his interrogation is focused on gathering evidence to use against you in a DUI case. At this time you should tell him that you would like to speak to your attorney before you answer any more questions. He probably will not permit you to call from the roadside; and, in fact, will probably tell you that you can call when he gets you back to the police station (long after you need to talk to the attorney). Remind him in the presence of other officers or while in the cruiser that you want to call your attorney. (Many times your conversation while in the cruiser is being recorded). Although once you invoke your right to remain silent, you can waive it by talking and answering questions. Officers are trained to get you to make statements and may try to evoke fear of arrest or incarceration to get you to talk more. Even if you are arrested (and you probably will be arrested) you will be able to post bond or be released shortly after the incident. Your “cooperation” with the officer will not keep you from being arrested or help your case. Actual cooperation is being polite and considerate. It is not defined as making incriminating statements, or waiving your rights, or taking tests.
License Suspension and Driving Privileges
License Suspension 101
Losing the right to drive is one of the most difficult propositions facing someone charged with an OVI. When you are charged with an OVI and either refuse or fail a chemical test, you will be placed under what is called an administrative license suspension (ALS). This suspension is imposed merely because you failed or refused to take the test. It has little or nothing to do with whether or not you are guilty of the OVI. If you are convicted of the OVI, the Judge will impose a license suspension (court suspension) that takes the place of the ALS. The Judge will generally give you credit time your license has been suspended under the ALS. Even if you are found not guilty of the OVI, the ALS can still remain.
Law enforcement officers will often tell those they suspect of OVI that if you take the test, your license will be suspended for only 90 days and if you refuse the test, you will have a one year license suspension. While they are not necessarily being dishonest, they are not being entirely truthful, either. They are speaking of the ALS and not telling you that if you are convicted the Judge will impose a 6 month to three year suspension anyway (for first time offenders). Taking (and failing) the test generally makes it easier for the state to convict you of the DUI so the cops are going to try and bait you into taking the test. If you refuse to take the test, and are later convicted of the OVI, then your one year ALS could become a 6 month court suspension. If you take the test and are later convicted of the OVI, then your 90 day ALS could become the same 6 month court suspension.
My point is that you obviously should not trust law enforcement to give you the best legal advice. Know your rights. Call me at 740-349-8384. You should also not base your decision on whether or not to take the chemical test on the length on the ALS. In fact, if you refuse to take a chemical test and have a prior OVI in the last 20 years, you can be charged with a separate offense and may face enhanced penalties. In this situation, the State of
For a first offense, under an ALS, you will have to wait 15 days if you failed the test and 30 days if you refused to take the test before you can be granted driving privileges. For second and more OVIs, the length of the ALS increases and the time required to wait before you can be granted driving privileges increases.
If you are found guilty of the OVI
First Offense - Suspension of 6 months to 3 years. Driving privileges may be granted 15 days after the date of the offense.
Second Offense - Suspension of 1 to 5 years. Restricted plates (yellow colored plates) are required and an Interlock device is required before the Judge can grant driving privileges. Driving privileges may be granted 45 days after the date of the offense.
Third Offense -- suspension of 2 to 10 years. Restricted plates (yellow colored plates) are required and an Interlock device is required before the Judge can grant driving privileges. Driving privileges may be granted 180 days after the date of the offense.
Common DUI Penalties
Common DUI Penalties
Ohio DUI penalties are among some of the toughest in the nation. Ohio DUI Penalties include minimum jail terms, driver intervention programs, license suspensions, fines, probation, restricted plates, interlock devices, and reinstatement fees. In some instances, a DUI conviction may lead to mandatory treatment programs, vehicle immobilization and/or forfeiture, ignition interlock, electronically monitored house arrest (EMHA), continuous alcohol monitoring (CAM), and prison.
If you are convicted, or plead guilty, to an Ohio DUI offense, the judge determines the appropriate sentence. There are certain minimum penalties that are required by statute. The charts below are provided to illustrate the different Ohio DUI penalties.
1st DUI conviction in 6 years
- Misdemeanor of the 1st Degree
- Minimum 3 days in jail or a driver intervention program with probation. Maximum of 6 months in jail.
- Minimum $375 fine. Maximum of $1,075 fine.
- Treatment may be ordered.
- Mandatory license suspension of 6 months to 3 years.
- Driving privileges not available for first 15 days.
- Optional yellow license plates (the DUI plates) and Interlock device.
1st DUI conviction in 6 years and either high-end test or any prior in 20 years and refusal
- Misdemeanor of the 1st Degree
- Minimum 6 days in jail or 3 days in jail and 3 days in driver intervention program. Maximum 6 months in jail.
- Minimum $375 fine. Maximum of $1,075 fine.
- Treatment may be ordered.
- Mandatory license suspension of 6 months to 3 years.
- Driving privileges not available for first 15 days.
- Mandatory yellow license plates (the DUI plates) for high-end test. Interlock device optional.
2nd DUI conviction in 6 years
- Misdemeanor of the 1st Degree
- Minimum 10 days in jail or 5 days in jail and 18 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring. Maximum 6 months in jail.
- Minimum $525 fine. Maximum of $1,625 fine.
- Alcohol/drug assessment and following recommendations mandatory.
- Mandatory license suspension of 1 to 5 years.
- Driving privileges not available for first 45 days.
- Vehicle immobilized for 90 days if registered to defendant.
- Mandatory restricted plates (the DUI plates). Interlock device required if offense is alcohol related.
2nd DUI conviction in 6 years and either high-end test or any prior in 20 years and refusal
- Misdemeanor of the 1st Degree
- Minimum 20 days in jail or 10 days in jail and 36 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring. Maximum 6 months in jail.
- Minimum $525 fine. Maximum of $1,625 fine.
- Alcohol/drug assessment and following recommendations mandatory.
- Mandatory license suspension of 1 to 5 years.
- Driving privileges not available for first 45 days.
- Vehicle immobilized for 90 days if registered to defendant.
- Mandatory restricted plates (the DUI plates). Interlock device required if offense is alcohol related.
3rd DUI conviction and beyond
- DUI penalties continue to increase the more times you are convicted of DUI.
- Minimum 30 days in jail on 3rd offense and minimum 60 days with a high test or any prior in 20 years and refusal
- Vehicle forfeiture on 3rd and subsequent offenses (as long as vehicle is registered to defendant)
- With 3 or more prior DUIs within 6 years, any further DUI is a 4th Degree Felony.
- With 5 or more prior DUIs within 20 years, any further DUI is a 4th Degree Felony.
- Fines increase to range from $850 minimum to $10,500 maximum.
- Mandatory treatment, license suspension (including lifetime suspensions), vehicle forfeiture, mandatory DUI plates and Interlock devices.
The information on this page should only be taken as representative of DUI penalties. DUI and its penalties are subject to constant change by the Ohio legislature. Ohio DUI Penalties are tough, and traditionally have only gotten tougher.
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