Ohio DUI Lawyers

Caught Driving Under the Influence? Here’s What You Need to Know

If you find yourself charged with DUI/OVI for driving under the influence of alcohol, it can have severe repercussions on both your personal and professional life. You may face the loss of your driving privileges or encounter professional setbacks.

To help you navigate this challenging process, it’s crucial to seek guidance from a Warren OVI lawyer. At Youngstown Criminal Law Group, our experienced Warren criminal lawyers can assist you in reducing penalties or potentially getting charges dropped.

Ohio DUI Laws

Understanding the Basics

Driving under the influence (DUI) is illegal according to the Ohio Revised Code (ORC) 4511.19. Here are some key points to consider:

• Substance Abuse: Whether it’s alcohol, drugs, or a combination of both.
• Blood Alcohol Concentration (BAC): If your BAC is 0.08 or higher at the time of the incident.

Conditions Leading to an OVI Charge

You can be charged with OVI in Ohio under several circumstances:

• High BAC Levels:
• For general drivers, the limit is 0.08.
• For commercial vehicle drivers, the limit is 0.04.
• Impairment Despite Legal BAC:
• Even if your BAC is below the legal limit, you can still be charged if impaired by drugs or substances, as outlined in ORC 4506.01.
• ORC 4729.01 lists dangerous drugs that could impair your judgment, even with a valid prescription.

Understanding these laws is vital, which is why consulting an experienced Warren OVI lawyer is essential for your defense.

OVI vs. DUI

Is There a Difference?

While OVI and DUI essentially refer to similar charges, states may use different terminology. In Ohio, the offense is termed Operating a Vehicle under the Influence (OVI). The main distinction lies in the proof required; prosecutors must prove the offender was actually impaired while driving. Handling these complex cases requires the expertise of a  Warren criminal lawyer.

Types of DUI Offenses Handled by Youngstown Criminal Law Group

First DUI Offense

• Description: Charged with your first DUI within 10 years.
• Conditions: BAC over the legal limit or impairment due to medications.

Second DUI Offense

• Description: Charged again within 10 years of your first offense.
• Consequences: Harsher punishments, higher fines, and more jail time.

Third DUI Offense

• Description: Charged for the third time within 10 years.
• Consequences: Imprisonment, significant fines, house arrest, and mandatory yellow OVI plates on your vehicle post-license reinstatement.

Physical Control of Vehicle

• Law: Under ORC 4511.194
• Description: Prohibited if impaired, considered a misdemeanor with lesser punishment than the first DUI offense.

Underage DUI or OVUAC

• Description: Prohibited drinking for those under 21 in Ohio.
• Conditions: Also applies if impaired by prescribed drugs, requiring legal assistance.

Aggravated Vehicular Assault and Homicide

• Description: Driving under the influence causing accidents resulting in injury or death.
• Consequences: Classified as a felony with much harsher penalties.

Navigating these legal complexities can be overwhelming, but with the help of a knowledgeable Warren OVI lawyer, you’ll be better equipped to handle the consequences and work towards resolving your case efficiently.

DUI Laws and Penalties

Driving Under the Influence (DUI) offenses come with various penalties based on the severity and recurrence of the offense. Navigating these charges and potentially getting them dropped often requires the expertise of a Warren criminal lawyer. Below is a breakdown of the penalties associated with DUI charges under the Ohio Revised Code.

First DUI Offense (First Degree Misdemeanor)

• Imprisonment: 3 days or completion of a 72-hour certified driver intervention program approved by a judge
• Possible Jail Time: Up to 6 months
• Fines: Between $375 and $1,075
• Driver’s License Suspension: 3 to 6 years
• Limited Driving Privileges: Available after 15 days from the initial charge (optional)
• Alcohol Education and Treatment Programs (optional)
• Yellow OVI License Plate (optional)
• Ignition Interlock Device (optional)

First DUI with a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Imprisonment: 6 days or completion of a 72-hour certified driver intervention program approved by a judge
• Possible Jail Time: Up to 6 months
• Financial Penalties: Between $375 and $1,075
• Driver’s License Suspension: 6 months to 3 years
• Yellow OVI License Plate (mandatory)
• Limited Driving Privileges: Available after 15 days from the initial charge (optional)
• Alcohol Education and Treatment Programs (optional)
• Ignition Interlock Device (optional)

Second DUI Offense (First Degree Misdemeanor)

• Imprisonment: 10 days to 6 months
• Fines: Between $525 and $1,625
• Probation
• House Arrest and/or Electronic Monitoring
• Driver’s License Suspension: 1 to 5 years
• Limited Driving Privileges: Available after 45 days from the initial charge
• Yellow OVI License Plates
• Alcohol Assessment, Education, and Treatment

Second DUI with a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Imprisonment: 20 days to 6 months
• Fines: Between $525 and $1,625
• Probation
• House Arrest and/or Electronic Monitoring
• Driver’s License Suspension: 1 to 5 years
• Limited Driving Privileges: Available after 45 days from the initial charge
• Yellow OVI License Plates
• Alcohol Assessment, Education, and Treatment
• Ignition Interlock Device

Third DUI Offense (First Degree Misdemeanor)

• Imprisonment: 30 days to 1 year
• Fines: Between $850 and $2,750
• Probation
• House Arrest and/or Electronic Monitoring
• Vehicle Forfeiture (if the offender is the owner)
• Driver’s License Suspension: 2 to 10 years
• Limited Driving Privileges: Available after 180 days from the initial charge
• Yellow OVI Plates
• Alcohol Assessment, Education, and Treatment
• Ignition Interlock Device

Third DUI with a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Imprisonment: 60 days to 1 year
• Fines: Between $850 and $2,750
• Probation
• House Arrest and/or Electronic Monitoring
• Vehicle Forfeiture (if the offender is the owner)
• Driver’s License Suspension: 2 to 10 years
• Limited Driving Privileges: Available after 180 days from the initial charge
• Yellow OVI Plates
• Alcohol Assessment, Education, and Treatment
• Ignition Interlock Device

First Felony DUI (Fourth Degree Felony)

• Imprisonment: 60 days to 30 months
• Fines: Between $1,350 and $10,500
• Vehicle Forfeiture (if the title is in your name)
• Driver’s License Suspension: 3 years to lifetime
• Limited Driving Privileges: Available after 3 years
• Yellow OVI Plates
• Ignition Interlock Device
• Alcohol and Drug Addiction Program

Second Felony DUI (Third Degree Felony)

• Imprisonment: 60 days to 5 years
• Fines: Between $1,350 and $10,500
• Vehicle Forfeiture (if the offender is the owner)
• Driver’s License Suspension: 3 years to lifetime
• Limited Driving Privileges: Available after 3 years
• Yellow OVI Plates
• Ignition Interlock Device
• Alcohol and Drug Addiction Program

Consulting a Warren OVI lawyer at the Youngstown Criminal Law Group can be crucial in navigating these charges. Our dedicated team is here to listen to your case and provide the best resolution possible. Contact us today at (330) 992-3036.