If you have been charged with driving under the influence of alcohol also known as DWI, DUI, OVI, you may be contemplating whether or not you should hire a lawyer. The consequences of an OVI conviction in Ohio are serious.
If convicted of a first DUI/OVI offense within 6 years the court can impose:
- a jail sentence from 3 or 6 days in jail, depending on how the offense is charged, up to a maximum of 180 days in jail;
- a fine from $375.00 up to a maximum fine of $1,075.00 plus the court costs; and
- an operator's license suspension from 6 months to 3 years with limited driving privileges available after 15 days or 30 days depending on how the offense is charged.
- Independent of what penalty the court imposes, the Ohio Bureau of Motor Vehicles (BMV) will impose 6 points on one's operator's license, require proof of financial responsibility be filed with the BMV and require a reinstatement fee of $475 be paid prior to allowing a person to have their full unencumbered driving rights reinstated.
If convicted of a second DUI/OVI offense within 6 years the court can impose:
- a jail sentence from 10 or 20 days, depending on how the offense is charged, up to a maximum of 180 days in jail;
- a fine from $525 up to $1,625.00, plus court costs;
- an operator's license suspension from 1 to 5 years with no driving privileges for 45 days, and a requirement that the driver have the yellow license plates and an ignition interlock device to obtain limited privileges; as well as
- a 90 day immobilization of vehicle if owned by the operator.
- Again, the BMV will impose 6 points on the operator's license and require a reinstatement fee to be paid prior to fully reinstating the license.
If convicted of a third offense DUI/OVI offense within 6 years the court can impose:
- a jail sentence from 30 or 60 days in jail, depending on how the offense is charged, up to a maximum of 365 days in jail;
- a fine from $850 up to a maximum fine of $2,750.00, plus court costs;
- a license suspension of 2-10 years with no limited driving privileges for the first 180 days and a requirement that the driver have the yellow license plates and an ignition interlock device to obtain limited privileges; as well as
- immediate seizure of the vehicle if owned by the operator with a possible forfeiture of vehicle.
- Again, the BMV will impose 6 points on the operator's license and require a reinstatement fee to be paid prior to fully reinstating the license.
To defend against these allegations and possibly lessen the impact of DUI/OVI conviction and/or avoid some or all of these penalties a lawyer is necessary.
The lawyer should obtain and review the State's evidence. The lawyer should discuss the evidence and your possible defenses with you. The lawyer should review your evidence and interview your witnesses. The lawyer should challenge the evidence through suppression motions or motions in limine. These motions seek to challenge the reason the law enforcement officer came to speak with the accused, to challenge the officer's probable cause to arrest the accused, to challenge how the field sobriety tests were administered and interpreted, to challenge any illegally obtained statements or evidence as well as challenge the procedures employed with any breath, blood or urine samples obtained.
Finally, the lawyer should discuss with you the legal procedures, the ways to challenge your charge as well as ways to mitigate your case. For instance, it may be helpful during plea negotiations if the accused has had drug and alcohol assessment and is following all counseling recommendations.