Given the risks that drunk driving poses to the public, the state of Ohio takes drunk driving very seriously. For this reason, the penalties that one faces if charged with driving under the influence (DUI) or operating a vehicle under the influence (OVI) are severe. Aside from the risk of jail time and fines, a DUI conviction in Ohio often leads to license suspension. The answer to the question of how to get a license back after a DUI differs based on the circumstances surrounding the charge. If you have prior DUIs, a license suspension lasts longer, and getting your license back is trickier. If you’re facing a DUI charge, it is important to know license suspension lengths and other penalties associated with a DUI in Ohio. Like with any other criminal offense, if you face a DUI charge, you are innocent until proven guilty. Thus, the best way to avoid license suspension is to fight the charge with the help of an experienced DUI attorney. License Suspension for DUIs in Ohio Ohio state law refers to DUI license suspensions as administrative license suspensions (ALS). The law breaks an ALS into two different time periods. The first period is known as the “hard suspension” period. During a hard suspension period, driving privileges are revoked entirely. This means that regardless of where you need to go, you are not allowed to drive yourself. After the initial hard suspension period, the courts can amend the terms of an ALS to allow for limited driving privileges. You are typically allowed to drive yourself to places like school, work, or medical appointments with limited driving privileges. The exact terms of limited driving privileges are up to a judge to decide. A judge will typically alter the limited driving terms depending on the case’s circumstances and your own personal circumstances. For example, someone with children in school will often be allowed to drive their children to and from school. Ohio ALS Lengths The key factor that determines your ALS length is whether you have prior DUI convictions. The hard suspension time period in such a case is 15 days. After a first offense, this increases to one to five years total with a 30-day hard suspension period. A second DUI may bring license plate impoundment and vehicle immobilization for 90 days in addition to the ALS. For third, fourth, and fifth DUI convictions, the ALS period continues to increase. In addition to prior DUI convictions, a test refusal can increase the time of a license suspension. If you refuse a blood or breathalyzer test, Ohio law treats your ALS period the same as a high-tier second offense. Thus, your ALS will be between one and five years with 30 days hard suspension. A test refusal may also lead to vehicle immobilization and license plate impoundment for 90 days. If You Are Facing a DUI/OVI Charge in Ohio The best way to lessen the severity of an ALS suspension or avoid one entirely is to hire an experienced DUI defense attorney. The DUI defense attorneys at Gounaris Abboud, LPA, have more than 50 years combined experience. With them advocating on your behalf, you can be sure that you have the best help available. Gounaris Abboud, LPA, has the distinction of being on the top 100 list of The National Trial Lawyers and the top 100 list of attorneys in Ohio put together by Super Lawyers. The firm builds its foundation on four primary principles that guide its work: trustworthy, empathetic, honest, and supportive. If you’re facing an Ohio DUI charge, contact Gounaris Abboud, LPA’s DUI attorneys today for a free consultation.Read More
Trustworthy. Empathetic. Honest. Supportive.
Hear what else our clients are saying about us.
I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.Patty M.
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!Melinda Q.
They did absolutely everything possible to help reduce the sentence and charges faced. The fees for their services were worth every cent and superior to any public defendant representation. They both put their hearts into their work and care like nobody else I have ever encountered in the legal system.Karis F.
A divorce, an accusal, or an injury
can change your life.
When facing high-stakes legal situations like these, it’s comforting to know that you can trust the team representing you.
At Gounaris Abboud, our awarded attorneys are available 24/7, and we only stop when we achieve the best possible results for you and your loved ones.
Let’s get to work on your case.
One night of your life shouldn’t change the rest of your life. Let’s work together to ensure your future.
Our family lawyers work tirelessly to protect your assets and children during your divorce and family disputes.
Legal knowledge, case results, firm news, and more on our blog.
Facing criminal charges is a daunting prospect for anyone. On top of the risk of fines and jail time, having a criminal record can disrupt your life in a number of other ways. If you face second-degree misdemeanor charges, it is vitally important to understand the potential consequences that follow a conviction. Potential Penalties for Second Degree Misdemeanors Ohio law splits misdemeanors into five different categories or levels. Ohio law bases the misdemeanor level on the seriousness of the crime. Minor misdemeanors are the least serious, and first degree misdemeanors are the most serious. The severity of punishment corresponds with the level of the crime. Above first-degree misdemeanors are fifth-degree misdemeanors. In Ohio, second degree misdemeanors include theft, shoplifting, vandalism, and manufacturing or selling drug paraphernalia. Conviction of a second degree misdemeanor can bring two primary types of punishment in Ohio: a fine and jail time. The maximum incarceration period for a second-degree misdemeanor in Ohio is 90 days. The maximum fine is $750. If convicted of a second-degree felony, the punishment can include one or the other, or both. It is important to note that these are the maximum punishments that a judge can impose. Mitigating Circumstances and Mitigating Punishments Punishment for a second degree misdemeanor may end up less severe than the maximum based on mitigating circumstances. Mitigating factors do not mean that a person did not commit a crime. Instead, they lessen the severity of a crime in the eyes of the law and society and thus lessen the imposed punishment’s severity. Mitigating factors include things like: Remorse of a perpetrator; The culpability of the victim; A perpetrator’s clean record; Irregular circumstances surrounding the crime; and Relative necessity. An experienced criminal defense attorney will work closely with you to figure out which mitigating factors they should present to the judge to lessen the severity of a second degree misdemeanor’s sentence. Mitigating punishments may also lessen the severity of the jail time or fine imposed by the courts. Mitigating punishments include things like community service, probation, counseling, drug treatment, or license suspension. In some cases, a judge will impose a mitigating punishment of their own volition. However, in other cases, someone facing criminal charges and their defense attorney can ask for mitigating punishments themselves. A judge will assess the facts of the case and mitigating factors to determine whether circumstances warrant a mitigating punishment. How a Criminal Defense Attorney Can Help If you face a second degree misdemeanor charge, the best thing you can do for yourself is to hire an experienced criminal defense attorney. Your criminal defense attorney will work closely with you to hear your side of the story and craft a suitable defense for it. On top of the possibility of beating the case in court, your attorney can fight to have your case dismissed, argue for your sentence to be reduced or mitigated, or negotiate a plea bargain to drop the criminal charges to a lower level. An experienced criminal defense attorney is your best bet to beat or lessen the severity of criminal charges. Contact Us If You Are Facing a Second Degree Misdemeanor Charge in Ohio If you face a second-degree misdemeanor charge in Ohio, you may feel like you are against the world. However, you don’t have to be alone in your fight to protect yourself. Gounaris Abboud, LPA’s criminal defense attorneys can help you fight to prove your innocence. With over 50 years combined experience, the attorneys at Gounaris Abboud, LPA, have seen it all and helped countless clients. Our firm is bold in its criminal defense and not afraid to take on the most challenging cases. No matter what the charge is, Gounaris Abboud, LPA, is here to help, so contact us today for a free consultation.Read More
Laws, Penalties, and Defenses Anyone accused of setting fire to a building or car or causing serious risk of physical harm to another by setting a fire faces severe criminal penalties. Ohio arson laws call for significant prison time, especially for aggravated arson. Therefore you need to know what punishments you may be facing if police charged you with arson or opened an arson investigation naming you as a suspect. You need a strong, decisive, and accomplished Ohio arson defense lawyer to help you fight these charges. Remember, you remain innocent until proven guilty beyond a reasonable doubt. However, you must act quickly and seek the advice of a top-rated Ohio arson defense attorney before it is too late. Ohio Arson Laws In Ohio, arson means knowingly starting a fire or creating an explosion that: Creates a substantial risk of harm to another’s personal or real property without their consent; Causes or threatens to cause serious harm to property with the intent to defraud; Constitutes a danger of physical harm to a governmental building used for public purposes; Creates a substantial risk of harm by hiring someone to set fire with the intent to defraud; or Causes a substantial risk of setting a brush or wildfire. The state prosecutor must prove you started the fire knowingly or to perpetrate a fraud. Proving that your actions caused or contributed to creating a fire is not enough to convict you if the prosecutor can’t prove intent. Aggravated Arson Ohio The law defines aggravated arson in Ohio as creating or causing a substantial risk of physical harm to another person by starting a fire. The police could also charge you with aggravated arson for damaging an occupied structure by starting a fire or sparking an explosion. Similarly, paying someone to start a fire with the intent to harm a building is also aggravated arson. Prosecutors bringing charges of aggravated arson in Ohio must prove that you started a fire or sparked an explosion knowingly. Ohio Arson Penalties Arson The potential penalties you face for arson in Ohio depend on the severity of the damage or the reasons for the fire. Arson with property damage of less than $500 is a first-degree misdemeanor. This offense carries a maximum fine of $1,000 and 180 days in jail. Alternatively, arson with property damage exceeding $500 is a fourth-degree felony. The prison sentence ranges from six months to 18 months and a fine of no more than $5,000. Arson with the intent to defraud is also punishable as a fourth-degree felony. Arson with an agreement for hire is a third-degree felony. The maximum penalty for a third-degree felony is five years in prison and a $10,000 fine. Aggravated Arson Burning an occupied building is a second-degree felony in Ohio. A person convicted of aggravated arson as a second-degree felony faces between two and eight years in prison. Additionally, the court may impose a $15,000 fine. Aggravated arson for hire and aggravated arson in which someone suffered a substantial risk of physical harm are first-degree felonies. The minimum penalty for a first-degree felony in Ohio is three to 11 years in prison. Ohio Arson Defenses Your Ohio arson defense attorney will develop a case strategy with your best interests in mind. Depending on the facts of your case, you may be able to argue: Accident, Mistaken identity, Consent, or Rights violations. The best defense for you depends on many things. You can rely on an experienced Ohio arson defense lawyer to make the best case for you. Rely on Experience When It Matters Most Arson prosecutions are highly complex cases. You need an attorney with significant experience fighting for justice who also has the resources to assert a strong and convincing case for you. At Gounaris Abboud, our Ohio arson defense attorneys will fight for you. Call us today at 937-222-1515 or reach out to us online to launch your Ohio arson defense.Read More