Since you’re here, you’ve probably been charged with an OVI (Operating a Vehicle Impaired) or DUI (Driving Under the Influence) and are considering contacting a Dayton DUI attorney in Ohio.
You’re in the right place.
If you’re ready to start your defense, contact us today.
Do you want to know a little bit more about OVI/DUI laws in Ohio first?
What is the OVI/DUI Process in Ohio?
After an OVI or DUI arrest, the officer may question you about the incident.
Then, you may want to consider looking for a Dayton OVI defense attorney.
You have a right to remain silent and should speak with a Dayton DUI attorney before talking to the police.
A Dayton DUI & OVI attorney speaks on your behalf to protect your rights.
You will be asked to submit to one or more chemical tests.
Your license will be suspended if you refuse to take a blood, urine, or breath test and if you test over the legal blood alcohol content limit.
If you are a commercial driver or have received a DUI conviction in the last 20 years, you must submit to the tests.
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What is the Legal Limit in Ohio?
The police assess sobriety through your BAC (blood alcohol content level).
Legally, you can get a DUI/OVI if:
- Under 21 and your BAC is .02%,
- You are 21 or older and your BAC is .08%, or
- A commercial driver and your BAC is over .04%.
Does My License Get Suspended After a DUI?
Your driver’s license will be automatically suspended after an arrest.
You only have five days to fight this suspension.
If you do not, you could lose your driving privileges for at least 90 days.
For example, if your charges included severe bodily injury to another or you had previous convictions on your record, the suspension could increase.
Schedule an administrative hearing with the Bureau of Motor Vehicles.
If you fail to do so within five days of your arrest, the license suspension will be automatic.
BMV hearings can be intimidating and frustrating.
A Dayton DUI attorney can help you with the proceedings and fight your charges.
What are the Penalties of an OVI?
The penalties of an OVI depend on the severity of the crime. Watch our video from our Dayton OVI defense attorney team below for a quick summary of possible penalties.
What Happens if I’m Charged With a Felony DUI?
A DUI becomes a felony when an offender is arrested for the fourth time in six years or for the sixth time in 20 years.
There is a mandatory jail sentence of 60 days, and some offenders will face prison time.
Having a felony on your record is a severe penalty and it will affect many aspects of your life.
For example, a felony DUI could affect:
- Your voting rights,
- Employment opportunities,
- Your current job (you could lose it), and
- Restricted travel.
A Dayton OVI lawyer can fight felony and prior DUI charges. A felony DUI is severe, and we recommend seeking legal representation immediately.
What Should I Do If I’m Pulled Over for an OVI?
If you’re being tailed by an officer for an OVI in Ohio, here’s what to do.
- Pull over. Be calm and use your signal. At this point, anything you do can be used against you in a court of law.
- Provide your license and registration.
- Be polite. Do not give the officer any reason to believe that you are drunk or combative.
- Don’t make any statements or admit to drinking.
- Decide whether to take the breathalyzer test. The test can be used against you, but there are penalties for not submitting to a breathalyzer test. If you had bad results, you can fight the charges with an OVI lawyer.
Can I Refuse the Breathalyzer Test?
Breathalyzer and blood tests determine if a driver has an illegal amount of alcohol in their blood why they were operating a vehicle.
If the tests determine that the driver’s blood alcohol content (BAC) equals or exceeds 0.08%, they can be arrested for drunk driving.
Refusing to submit to a breathalyzer test can have long-lasting penalties.
If you do not act quickly, you will be unable to fight to keep your license, regardless of whether you are convicted of OVI or DUI.
Refusal can result in the suspension of a driver’s license for up to one year through an Administrative License Suspension (ALS).
There is a small window of opportunity where you can appeal a license suspension.
Like other OVI charges, you can also fight a breathalyzer test refusal in court with the help of an OVI defense attorney in Dayton, Ohio.
OVI Charge in Dayton Ohio
OVI Dismissed for Lack of Probable Cause to Stop
THE FACTS: Our client is a health professional in the Dayton area. Our client left work and met a few coworkers for dinner and had one 6-ounce glass of wine with a full entrée and dessert. Our client’s entire meal lasted two and half-hours.
Client left the restaurants at approximately 9:00 p.m and was subsequently pulled over by law enforcement for alleged “marked lanes’ violations. Our client was polite and respectful to the law enforcement officer and provided his license and registration. When asked if he had anything to drink, he was truthful and said he had one glass of wine with his dinner.
The officer immediately asked our client to step out of the vehicle to perform a Field Sobriety Test. Our client is a 55-year-old male with a prior knee injury. He advised the officer that he has a prior ACL tear and cannot hold up his right foot without feeling pain. The officer nonetheless required our client to perform the HGH, Walk-in-Turn, and One-Leg Stand tests and determined that our client exhibited clues on each test that suggested impairment.
Client was arrested for O.V.I./D.U.I. and was transported to the Police Station and was asked if he would submit to a breath test, to which he refused. Our client was provided a 2255 BMV form and was advised that his license was suspended for a period of one year.
THE DEFENSE: The criminal defense attorneys at Gounaris Abboud was able to file a “Motion to Preserve” all the evidence and also filed a “Motion to Suppress Evidence”. The Motion to Preserve Evidence, Ordered Law Enforcement to preserve any cruiser camera video. The Motion to Suppress challenges the officer’s Probable Cause to Stop and Arrest Client for an OVI/DUI.
A Hearing was conducted where the Officer was questioned in Court about his observations of the alleged Marked Lanes Violation. The officer was shown a copy of the cruiser cam video and admitted that he could not observe the Marked Lane Violation on the Video.
THE RESULT: The Court agreed with Gounaris Abboud, that the Officer could not have observed a traffic infraction and thus, did not have Probable Cause to Stop Client. As such, the State dismissed the charges against our client.
What Happens if I Fail the Breathalyzer Test?
Law enforcement severely punishes those who fail the breathalyzer test.
Penalties can result in the following:
- Loss of driving privileges,
- Jail time,
- Heavy fines, and
- Community service.
The stigma from a DUI or OVI conviction can:
- Affect your reputation,
- Strain your relationships, and
- Present employment challenges for many years.
If the police suspect that you are driving while intoxicated, they will give a breathalyzer test.
You are legally required to take the test; failing to comply can result in severe penalties.
You can fight your breathalyzer test results with a Dayton DUI lawyer.
Many things can affect your results, such as:
- Swishing an alcoholic beverage in your mouth
- Acid reflux,
- Sneezing,
- Coughing,
- Recently eating,
- Chewing tobacco,
- Using mouthwash,
- Burping, and
- Vomiting.
Ohio law requires police officers to observe an arrestee for 20 minutes before giving a breath test to ensure that other factors don’t throw off test readings.
These tests take place at the police station, so a defendant has likely been in a squad car for a long time.
Because of this, it is often impossible that an officer provides enough observation.
Schedule a free consultation with our Ohio DUI lawyers right away. We’ll start fighting your test results.
Recent Case: OVI / DUI Charge in Dayton, Ohio
Gounaris Abboud, LPA shares a recent case OVI case dismissal. The Dayton OVI Defense lawyers at Gounaris Abboud, LPA have the experience you need when fighting an OVI charge in Dayton, OH and Springboro, OH.
Schedule a free consultation with an OVI defense lawyer in Dayton, Ohio who can analyze your individual case and protect your rights.
We have helped hundreds of people in Dayton fight OVI charges.
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Can I Be Charged with a DUI or OVI if I Was Doing Drugs?
Even if you are not legally drunk, you can be arrested and charged with a DUI or OVI in the state of Ohio.
When an officer suspects that you are under the influence of drugs or alcohol, he will note aspects of your behavior and appearance, such as:
- Slurred speech,
- Bloodshot eyes,
- Hazardous driving, and
- Incoordination during field sobriety tests.
A drunk driving charge can result from substances such as solvents, mouthwash, over-the-counter drugs, and other products. These can give an impression of drunken appearance or behavior.
You can fight these charges.
Contact a Dayton, OH DUI lawyer at Gounaris Abboud, LPA to start building your defense.
What Happens if I Was Charged with a DUI from a Blood Test?
Many DUI charges result from a blood alcohol content test. This test analyzes the percentage of alcohol in the person’s bloodstream (their BAC level).
If the police ask you to submit to a blood test, you do not have to comply. However, under implied consent law, you could be penalized for your refusal.
Although blood alcohol tests are usually accurate, errors can occur.
An experienced Dayton DUI attorney can examine your case and try to get your charges dropped.
What if I Was Charged with a DUI After a Field Sobriety Test?
Field Sobriety Tests (FST) are voluntary coordination tests given when an officer suspects driver impairment.
The only standardized tests that have some relevance in establishing legal intoxication are:
- One leg stands,
- Heel-to-toe tests, and
- Horizontal Gaze Nystagmus (HGN).
In Ohio, the tests listed above are evidence if they were administered objectively and scored according to standards set by the National Highway Traffic Safety Administration (NHTSA).
How Accurate are Field Sobriety Tests?
The accuracy of field sobriety tests is an ongoing debate.
Under laboratory conditions, the three standard tests were only able to predict blood alcohol content above 0.10% in ⅔ to ¾ of the cases tested.
Another test challenged police officers’ ability to judge impairment accurately. Sober “suspects” were given a battery of FSTs, and trained officers deemed 46% of them as intoxicated.
Dayton DUI/OVI lawyers can challenge field sobriety test results that are inaccurately done by officers.
Save Your Driver’s License & Fight for Your Future! Contact a Dayton DUI/OVI Lawyer Today.
You have a narrow window of time to save your license. Act now, and we may be able to help you fight to keep your driving privileges. As for handling your DUI or OVI charges in court, no case is too complex for our skilled defenders.
From start to finish, our experienced and awarded Dayton DUI attorneys can help you preserve your liberties.
Contact Gounaris Abboud
Contact our firm to discuss your OVI/DUI charge today. During a free consultation, we’ll discuss the specifics of your case and come up with a strategy together.