Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. Posted By The Meranda Law Firm LTD. Operating a vehicle while under the influence of drugs or alcohol (OVI) charges are taken very seriously in Ohio and, depending on the severity of the case, can be punishable with high fines and possible jail time. Our client was stopped for a marked lanes violation. Copyright 2015 - 2023 Brian J. Smith, All rights reserved. If you simply plead guilty, you could be subject to big fines, time behind bars, and other consequences. A felony OVI charge will cost you at least $850, as well as time away from work while you serve mandatory jail or prison time. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. I highly recommend them for anyone who is having to fight their employer for unemployment. Failed to read the Miranda rights upon arrest, and are trying to use your statements against you. Get help for second DUI (OVI) offense charges and learn how to fight your 2nd DUI in Columbus. With thorough preparation and research, we obtained a dismissal of OVI charges against our client with him pleading to a non-moving citation instead. After working with our client, obtaining discovery and negotiating with the prosecutor, an agreement was reached to reduce the OVI to a traffic citation saving our client from high points, jail time, high fines and the impact of an OVI to his driving record and insurance. You'll also face license suspension for one to seven years. After our client was charged with an OVI after allegedly refusing a breath test, we quickly got his case set for a pre-trial and achieved a dismissal of the OVI charges with an agreement to a plea to traffic offence instead. This is done by court personnel. If the officer inappropriately questioned you, your answers to the officers questions may be excluded. We thoroughly investigated his case and found numerous issued including problems with the manner in which the field sobriety tests were conducted. Alcohol metabolizes differently for everyone dependent on factors . Although our client was charged with an OVI after a traffic stop and providing a breath test that was over the limit, we reached an agreed to dismiss the OVI charges with our client pleading to traffic citations instead. This means the court will impose a mandatory driver's license suspension for a definite period ranging from six months to three years. You also won't be able to look at the evidence against you. Additional Areas Served - DUI Defense - Beavercreek | Centerville | Eaton | Englewood | Fairborn | Huber Heights | Kettering | Miamisburg | Moraine | New Lebanon | Oakwood | Piqua | Tipp City | Trotwood | Troy | Vandalia | West Carrollton | Xenia | Yellow Springs. With respect to an OVI charge, alcohol or drug content in one's body can be tested through blood, breath, or urinary analyses. 2.) Once you complete the program, your record will be cleared, and you could move forward with your life. Read More: How to Get a DUI Removed From Your Driving Record. Amanda, "Brian Smith is the best! We argued that the police had no evidence to show that she did not have a drink AFTER the accident when she got home. You are an excellent attorney." In the end, the OVI was dismissed with a plea to a non-moving violation. If you have been charged with an OVI (operating a vehicle under the influence of alcohol or drugs), contact us today for a free consultation to discuss how we can protect your record, your license and your rights. This saved her from points to her license and from a year-long license suspension, not to mention the problems an OVI would cause for her employment. Upon conviction of a criminal OVI charge, you face potential penalties that include: Jail or prison time, Substantial fines, He saved himself from high points, a year long license suspension and a mandatory driver's intervention program. Our client was charged with an OVI after a car accident. You need serious lawyers that know an OVI causes stress and can threaten your academic success. Very friendly and helpful. In addition to arguing his case, we showed that the prior OVI was from another state and Ohio could not show it was an actual DUI conviction. In Ohio as elsewhere, implied consent laws mean that when motorists apply for a driver's license, they consent to take sobriety tests. The Law Offices of Brian J. Smith in Rocky River, Ohio, make note of some common tactics used by criminal defense attorneys for preparing to mount that challenge. Once a charge is expunged, the record is sealed to the public and shouldnt appear on a criminal background check. "Valerie, "Thank you Brian for representing me with my unemployment case. Cincinnati Criminal Defense Attorneys, 810 Sycamore Street, Floor 3 At the court's discretion, first-time OVI offenders in Ohio may have the option of enrolling in a three-day Driver Intervention Program (DIP), an educational course on traffic safety and substance abuse and addiction certified by the Ohio Department of Mental Health and Addiction Services, rather than serve the mandatory three-day jail sentence. Police may use a blood test to determine if you were driving while high on drugs. The OVI charges were ultimately dismissed and a plea to a traffic station instead saving him from high points to his license, an OVI on his record and a license suspension. We achieved exactly that, preserving his CDL and his job. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. Through extensive preparation and negotiations, we reached an agreement with the prosecutor to dismiss the OVI charges with a plea to a non-moving citation instead, which saved our client for a year-long license suspension, points to his license and the implications of an OVI conviction on future job opportunities. The penalty for OVI in Ohio depends on the number of OVIs you've committed or if you have any other prior offenses. After motions to compel and motions to exclude evidence of the late urine test and other evidence, we obtained a dismissal of the OVI. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. Please contact us at the number above if you do not have a case number. This is a meeting with the prosecutor where you can argue that the charge should be dismissed or reduced. By investigating the breath tests being used against our client, we discovered that the breathalyzer that was used was not properly maintained and calibrated. Not only can your attorney help you understand the severity of the charges you are facing, but we may be able to work with the prosecutor to help you enter a pretrial diversion program or obtain a plea agreement. After extensive preparation and negotiations in this case, on the morning of the trial, an agreement was reached from the State to dismiss the OVI charges against our client with him agreeing to plead to a non-moving citation instead. With the help of an experienced Cincinnati DUI lawyer, you can successfully defend yourself against the OVI charges, and avoid a permanent criminal record from holding you back. I would highly recommend him for anyone who finds themselves in legal troubles. . After blowing into that breathalyzer and getting charged with an OVI, Ohio defendants do have some options in and out of court that may help them challenge the charge, or at least lessen the legal fallout. Our firm proudly offers no-cost, risk-free consultations to individuals facing OVI charges across Cincinnati and surrounding cities. The judge cannot put a person on probation without a presentence investigation. By thorough investigation and extensive negotiations, a complete dismissal of the charges was obtained. Over 21: 0.08 percent or higher, Under 21: 0.02 percent Commercial drivers : 0.04 percent or higher. Casual users of marijuana, even if they have a medical card, often find themselves subjected to OVI charges when urine test results come back showing use - even though not use on the day of citation. We represented our client for OVI charges and achieved a dismissal of the charges through intensive negotiations with the prosecutor. How To Remove a DUI / OVI from Your Record in Ohio. There are 3 ways an officer can charge a driver with marijuana DUI . Such a driving under an OVI suspension carries with it mandatory jail time, an additional license suspension and high fines. Ohio has mandatory jail terms for OVI convictions: First time = three days Second time = ten days Third time = 30 days Four or more is a felony offense. Take advantage of this opportunity today. Move to suppress evidence. OVI charges dismissed against our client, saving them from a license suspension, points to their license and high fines. A second DUI offense in Ohio is a serious charge and can seriously impact your life. It is rare, however, for this maximum sentence to be imposed upon a first time offender. Second Lifetime OVI with Refusal Dismissed: Our client was charged with a second lifetime OVI and a refusal. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. As a result, all of the charges were dismissed in exchange for a plea to a non-moving traffic citation. The legal limit for an individual's blood alcohol content in Ohio is .08. In addition to high fines and jail time, the charges brought with them the possibility of a license suspension. What happens when you get your first OVI in Ohio? OVI, Hit-and-Skip, Seatbelt, and Resisting Arrest Charges Dismissed: Our client received several first-degree misdemeanor charges (OVI, Hit-and-Skip, Resisting Arrest). The police initiated a traffic stop of our client due to tinted windows, though the stop escalated into an OVI citation. The offense carries the following criminal penalties: A maximum of six months in jail, with a mandatory minimum sentence of 72 hours. Brian, "There are only good things to be said about this Law Firm, Attorney Brian Smith and Attorney John Sivinski. Thank you!" It was soon discovered that the police did not have or provide video referenced in the police report. Just as the Fourth Amendment protects drivers in Ohio and across the United States from illegal search and seizure, the Constitution of the United States often comes into play as a foundational defense against OVI charges. Our client was charged with an OVI after a third party made a report of drunk driving. However, after successfully presenting both legal challenges and mitigating circumstances, and agreement was reached to reduce the OVI to a non-moving violation, saving our client from high points to his license, jail and a license suspension. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. When we meet for a free consultation, we can advise you of your best legal strategy. We fought the charges, filing a suppression motion and scheduling a hearing. The contact was friendly, was not repetitive, and was non-harassing, we argued to the prosecutor. Administrative License Suspension Appeal Won: When a person is arrested for an OVI and either refuses to take a chemical test or takes a test and the result is over-the-limit, they are immediately placed under an administrative license suspension. Obtained your blood test results from the hospital you went to for treatment, without a proper warrant. After our client was charged with a traffic citation and an OVI, we aggressively argued her case with the State and were able to obtain a dismissal of the OVI charge, saving our client from high points, jail time, having to attend a drivers intervention program and from any license suspension. September 7, 2021. Low-level OVI offenders who have a BAC of less than 0.8 percent face: Mandatory three or more days in jail. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. There are many ways to challenge and beat a DUI. If you have been charged with your second DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following: Monetary fines of over $1,000.