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in Dayton, Ohio

What Is OVI in Ohio?

Every state prohibits driving while intoxicated by drugs or alcohol. Whether the state calls the offense DUI vs. OVI does not matter.

Ohio’s OVI law covers two drunk driving offenses:

• Driving while under the influence of alcohol, a drug of abuse, or both.
• Driving with a concentration of drugs or alcohol over the legal limit.

Under OVI ORC section 4511.19, a police officer can make an OVI arrest for either violation. You do not need to violate both sections to violate the DUI law.

To prove the first offense, prosecutors must show that your driving skills were impaired by drugs or alcohol. This evidence usually comes from the arresting officer’s testimony, as well as dashcam video of you violating a traffic law. It may also include bodycam footage of your field sobriety test.

To prove the second offense, called a “per se offense”, prosecutors only need a failed DUI testing result. For example, if a breath alcohol concentration (BAC) test gives a result over 0.08 grams per 210 liters of breath, officers can arrest you.

Importantly, since these offenses are independent, you can get arrested for influenced driving even if your BAC was under the legal limit. Likewise, you can get arrested for a per se offense even if you did not break any traffic laws.

What Are the Penalties for OVI in Dayton, Ohio?

The penalties for OVI in Dayton, Ohio may vary from case to case. Generally speaking, Ohio punishes repeat offenders more harshly than first-time offenders. So for a first-time OVI charge, Ohio law allows prosecutors to treat the defendant much more leniently than an offender with more than one DUI or OVI conviction.

For example, a DUI conviction requires jail time. But there are alternatives to jail time an OVI lawyer in Dayton, Ohio can fight for them if it’s the offender’s first DUI offense. However, someone with a prior OVI conviction may not avoid time behind bars.

The state legislature recently increased the fines for an OVI conviction. The minimum fine for a first OVI offense is $565. The fine increases with the severity of the offense.

In all cases involving DUI/OVI in Ohio, defendants face not only significant criminal law penalties but serious administrative penalties as well. Perhaps the most significant administrative penalty is the loss of a driver’s license to a suspension. The Ohio Bureau of Motor Vehicles has the authority to take almost immediate action to suspend your license under the following circumstances:

Does My License Get Suspended After a DUI Offense in Ohio?

Yes. A DUI arrest in Ohio, also known as an OVI (Operating a Vehicle Under the Influence) under Ohio Revised Code § 4511.19, typically results in both criminal penalties and an administrative license suspension.

An administrative license suspension is an automatic suspension imposed by the Ohio Bureau of Motor Vehicles (BMV) regardless of the court’s final decision. The length of the suspension depends on whether it’s your first offense and if you submitted to a chemical test (breathalyzer or blood test).

Possible administrative suspension lengths for your first offense depend on several factors:

• Refused chemical test: One-year suspension.
• Submitted to a chemical test (BAC under 0.15): 15-day suspension (waivable for first-time offenders); 45-day suspension plus mandatory ignition interlock device for those with a prior physical control conviction in the past 10 years.
• Submitted to a chemical test (BAC over 0.15): Three-day suspension followed by a 15-day restricted driving permit (requires an ignition interlock device).

If you are convicted of a second offense within ten years, you could face a one to seven-year suspension regardless of a chemical test.

A third offense within ten years could result in a two to twelve-year suspension regardless of a chemical test.

In addition to the administrative suspension, the court may impose a further license suspension as part of your sentence. The length of this suspension will depend on the severity of the offense and your prior record.

Our Dayton DUI attorneys can present a strong, personalized defense against your charges. It’s crucial to consult with an OVI attorney to understand the specific consequences you might face based on your unique circumstances. Don’t wait. Contact Gounaris Abboud today for a free consultation.

When Does a DUI Become a Felony in Ohio?

A DUI becomes a felony in Ohio if you are convicted of a fourth DUI offense within ten years or a sixth DUI offense within 20 years. Both are fourth-degree felonies with consequences including 18 months in prison, fines, and potential driver’s license suspensions for up to three years.

An important point to remember is Ohio’s “once a felony, always a felony” rule for DUI offenses. This means that any subsequent DUI offense after a felony conviction will be charged as a third-degree felony, which comes with harsher penalties, including a longer prison sentence.

For this reason, it is essential to seek legal counsel from a DUI lawyer in Dayton, Ohio, for all charges. Defending DUI cases from the start can help you avoid becoming a repeat offender.

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 experienced Ohio OVI lawyer.

What Is the Legal Drinking Limit in Ohio?

Ohio’s legal limits surrounding impaired driving are significantly more complex than other states. Ohio Revised Code Section 4511.19 creates several different legal limits depending on the kind of test that is used.

The following standards apply for determining when a driver is legally considered over the limit:

• Individuals under 21 years of age cannot operate a vehicle if a breath test reveals a blood alcohol concentration (BAC) of 0.02% or higher.
• Individuals over 21 cannot operate a vehicle with a BAC result of 0.08% or higher.

However, the legal limit for drivers who take a urine test is 0.11%. For a blood plasma or serum level test, the legal limit is 0.096%.

Furthermore, Ohio law establishes two categories of legal limits for alcohol testing — low tier and high tier. And high-tier test results lead to more severe penalties.

For example, high-tier alcohol test results encompass:

• Breath or blood test result of 0.17% or higher
• Urine test result of 0.238% or higher
• Blood plasma or serum test result of 0.204% or higher

It’s vital that you thoroughly understand these limits when navigating Ohio’s impaired driving laws.

How Many Points Is a DUI in Ohio?

The BMV will usually add six points to your driving record upon conviction for OVI. Underage OVI is a four-point offense.

These points are in addition to any automatic driver’s license suspension. They’ll remain on your record for two years. If you accumulate 12 or more points in any two years, the BMV will automatically suspend your license.

Thus, additional traffic-related criminal law violations in Dayton, OH, and elsewhere in the state after you regain your license could trigger another suspension. A Dayton DUI defense law firm can help you avoid these points by having an OVI attorney in Dayton advocate for you on your behalf.

Is a Refusal the Same as a DUI in Ohio?

A refusal in the state of Ohio is not the same thing as a DUI offense. However, they share some of the same consequences, such as a driver’s license suspension. Even without a charge or a conviction, the BMV can suspend a person’s driver’s license if they refuse to submit to a chemical test.

This is permitted due to the fact that Ohio, like many other states, is an implied consent state, which means that all drivers are considered to have granted consent for a chemical test. Hence, failure to provide something that you are deemed to have already given consent for provides the authority for the suspension.

If you do end up with an administrative license suspension, you have the right to fight it. However, you only have a limited amount of time to challenge the suspension. You should speak with an OVI lawyer as soon as possible.