There are several different ways that you can be charged with OVI (Operating a Vehicle Under the Influence) formerly referred to as DUI (Driving Under the Influence):
- You can be charged with operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them without failing or refusing a chemical test.
- You can be charged with operating a vehicle at or over the “legal limit” in Ohio – 08%, which means that at the time of operation you are accused of having a concentration of alcohol, certain controlled substances, or metabolites of certain controlled substances, in your blood, breath or urine.
- You can also be charged with operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them and refusing to submit to a chemical test when you have had one or more OVI’s within the past 20 years.
- If you are under 21 years old you can be charged with Operating a Vehicle Under the Age of Consumption which means that and at the time of operation you are accused of having a concentration of alcohol in your blood, breath or urine which is at or over the “under 21 legal limit” in Ohio – 02%.
If you are arrested for OVI, your driver’s license will be suspended if you refuse a test or test at or over the “legal limit”. The suspension is called an Administrative License Suspension (“ALS”). The length of the ALS depends on how many OVI convictions you have had in the past 6 years and/or how many times you have refused to submit to a chemical test in the past 6 years. The more OVI convictions and/or test refusals in the past 6 years the longer the period of the ALS and the longer the waiting period for limited driving privileges during the ALS.
There are many laws concerning the punishment that results if you are convicted of OVI and some penalties are more severe if you have prior OVI convictions. There are several types of punishment including:
- A mandatory minimum jail sentence of 3 days (many courts permit a 72 hour driver intervention program in lieu of jail) up to a maximum of 6 months in jail.
- A mandatory fine.
- A mandatory license suspension.
There are many potential defenses that can be raised an OVI case.
McCarthy Lebit attorneys have successfully defended many OVI cases resulting in a dismissal or reduction of the charges from the offense of OVI.
Our criminal defense attorneys can provide you with more information about the potential penalties associated with OVI/DUI offenses during a free consultation on the facts of your case.
Most traffic violations fall into one of the four following categories: Moving violations, license violations, equipment violations and vehicle registration violations.
The attorneys at McCarthy Lebit represent people charged with all types of traffic offenses including speeding, weaving, failure to control, stop-sign and traffic control signal violations.
For most convictions for moving violations and license violations two points are assessed against your license. For speeding offenses zero, two or four points will be assessed depending on how many miles over the limit you were driving. Reckless driving is a four point offense. The most serious traffic violations, like OVI, driving under an OVI or a 12 point suspension, fleeing and eluding, drag racing, and some types of “hit-skip” offenses result in six points being assessed.
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