Ohio DUI Lawyers
If you are arrested for driving while intoxicated, the serious consequences will greatly impact your personal and professional life. Potential penalties include permanent loss of driving privileges and detrimental effects on your career.
To navigate through this challenging process, it is crucial to seek the guidance of a knowledgeable St. Clairsville OVI lawyer. At St. Clairsville Criminal Law Group, our experienced criminal lawyer will assist you in minimizing the penalties or possibly having the charges dismissed. We understand the complexities of Ohio DUI laws and will efficiently handle your case to ensure swift resolution.
Ohio DUI Laws
Under the OHIO REVISED CODE (ORC) 4511.19, it is illegal to operate a vehicle under the influence of alcohol or drugs. The following conditions can lead to a charge:
- Substance abuse, including alcohol, drugs, or a combination thereof.
- Blood Alcohol Concentration (BAC) of 0.08 or higher at the time of the incident.
Various circumstances can result in an OVI charge in Ohio, including:
- Exceeding the legal BAC limit of 0.08 for non-commercial drivers or 0.04 for commercial vehicle drivers.
- Being charged with DUI even if your BAC is below the legal limit, provided the police can prove impairment of judgment and reflexes due to drug consumption or the use of over-the-counter medication.
- Dangerous drugs, as defined in ORC 4729.01, have the potential to impair judgment and reflexes. Even if you possess a valid prescription, it may not serve as a strong defense.
These are foundational DUI laws, and additional provisions may apply. Therefore, it is crucial to consult an experienced St. Clairsville OVI lawyer to handle your specific case effectively.
Difference of OVI and DUI
OVI and DUI are essentially the same charges with varying terminologies used by different states. In Ohio, the offense is referred to as operating a vehicle under the influence or OVI. The distinction lies in the prosecution’s burden to prove that the individual was genuinely intoxicated while driving. To navigate these intricate cases, it is imperative to engage an expert St. Clairsville criminal lawyer.
By seeking professional legal representation, you can ensure the highest level of legal support and increase your chances of a favorable outcome.
DUI Offenses St. Clairsville Criminal Law Group Handles
Our experienced team of St. Clairsville criminal lawyers specializes in handling a range of DUI offenses, including:
- First DUI Offense: If you are charged with your initial DUI case within a 10-year period, we provide expert legal representation. Whether your blood alcohol concentration (BAC) exceeds the legal limit or you are impaired due to medications, we are here to assist you.
- Second DUI Offense: Dealing with a second DUI offense within 10 years of your first offense can be challenging. Our team is well-equipped to navigate the complexities of your case, ensuring effective defense strategies to minimize the consequences, including harsher punishments, increased fines, and extended jail time.
- Third DUI Offense: Facing a third DUI charge within 10 years can result in severe penalties, such as imprisonment, substantial fines, and house arrest. Additionally, you may be required to display a yellow OVI plate on your vehicle upon license reinstatement.
- Physical Control of Vehicle: Under ORC 4511.194, impaired operation of a vehicle is prohibited. Our legal professionals are well-versed in the nuances of such cases, working towards mitigating the charges and minimizing penalties, which are typically less severe than those for a first DUI offense.
- Underage DUI or OVUAC: Ohio strictly prohibits individuals under the age of 21 from consuming alcohol. If you find yourself impaired due to prescribed drugs or facing charges related to underage drinking, our team can provide the necessary legal guidance and support.
- Aggravated Vehicular Assault and Homicide: In cases where drunk driving leads to accidents resulting in injuries or fatalities, the charges escalate to felonies with significantly harsher penalties. Our specialized expertise can help defend your rights and navigate the complexities of such charges.
DUI Laws and Penalties
DUI charges carry a range of potential penalties. Our goal is to skillfully represent you and work towards having your charges dropped. To achieve the best possible outcome, it is crucial to seek the assistance of a knowledgeable St. Clairsville OVI lawyer.
First DUI (First Degree Misdemeanor)
- Completion of a 72-hour certified driver intervention program approved by a judge or 3 days of imprisonment
- Up to 6 months imprisonment
- Fines ranging from $375 to $1,075
- Driver’s license suspension lasting 3 to 6 years
- Optional limited driving privileges available 15 days after the initial charge
- Optional alcohol education and treatment programs
- Optional yellow OVI license plate
- Optional ignition interlock device
First Offense DUI with High BAC or Chemical Test Refusal (First Degree Misdemeanor)
- A possible sentence of six days in prison or completion of a seventy-two-hour certified driver intervention program, as approved by a judge.
- Jail time of up to six months.
- Financial penalties ranging from $375 to $1,075.
- Driver’s license suspension for six months to three years.
- Required Yellow OVI license plate.
- Optional limited driving privileges available after 15 days from the initial charge.
- Optional alcohol education and treatment programs.
- Optional ignition interlock device.
Second Offense DUI (First Degree Misdemeanor)
- Possible prison sentence ranging from ten days to six months.
- Fines between $525 and $1,625.
- Probation.
- House arrest and/or electronic monitoring.
- Driver’s license suspension for one to five years.
- Limited driving privileges available after 45 days from the initial charge.
- Required Yellow OVI license plates.
- Alcohol assessment, education, and treatment.
Second DUI with High BAC or Chemical Test Refusal (First Degree Misdemeanor)
- Possible prison sentence ranging from twenty days to six months.
- Fines between $525 and $1,625.
- Probation.
- House arrest and/or electronic monitoring.
- Driver’s license suspension for one to five years.
- Limited driving privileges available after 45 days from the initial charge.
- Required Yellow OVI license plates.
- Alcohol assessment, education, and treatment.
- Required ignition interlock device.
Third DUI (First Degree Misdemeanor)
- Prison sentence between thirty days and one year
- Fines ranging from $850 to $2,750
- Probation
- House arrest and/or electronic monitoring
- Vehicle forfeiture if offender is vehicle owner
- Limited driving privileges after 180 days from initial charge
- Driver’s license suspension between two and ten years
- Display of Yellow OVI plates
- Alcohol assessment, education, and treatment
- Mandatory ignition interlock device
Third DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)
- Jail sentence between sixty days and one year
- Fines ranging from $850 to $2,750
- Probation
- House arrest and/or electronic monitoring
- Vehicle forfeiture if the vehicle title is in your name
- Limited driving privileges after 180 days from initial charge
- Driver’s license suspension between two and ten years
- Display of Yellow OVI plates
- Alcohol assessment, education, and treatment
- Mandatory ignition interlock device
First Felony DUI (Fourth Degree Felony)
- Prison sentence between sixty days to thirty months
- Fines ranging from $1,350 to $10,500
- Vehicle forfeiture if the vehicle title is in your name
- Driver’s license suspension from three years to lifetime
- Limited driving privileges after three years
- Display of Yellow OVI plates
- Mandatory ignition interlock device
- Alcohol and drug addiction program
Second Felony DUI (Third Degree Felony) carries severe penalties in St. Clairsville, Ohio:
- Imprisonment: Between sixty days and five years
- Fines: Ranging from $1,350 to $10,500
- Vehicle forfeiture: If the offender is the owner
- Driver’s license suspension: From three years to a lifetime
- Limited driving privileges: Available after three years
- Yellow OVI plates
- Ignition interlock device
- Alcohol and drug addiction program
If you are facing charges related to a Second Felony DUI, it is crucial to seek legal representation from the experienced St. Clairsville Criminal Law Group. Our dedicated team will diligently evaluate your case to provide the best possible resolution. Contact us today for a consultation.