Driving under the influence (DUI), otherwise known as operating a vehicle while impaired (OVI) in Ohio, is a serious offense. Given the significance of the drunk driving problem, the Ohio legislature set forth significant penalties for anyone convicted of DUI in Fairfield, Ohio.
In addition to court-imposed fines and penalties, convictions for DUI in Fairfield can have a rippling effect on many aspects of a person’s life. Those facing such charges should contact the skilled and experienced Fairfield DUI lawyers at Gounaris Abboud, LPA, to discuss their case.
The Court in Fairfield is located at 675 Nilles Road in Fairfield. The Judge that presides over this Court is the Honorable Joyce A. Campbell who has been the Judge in Fairfield since 1999.
What Are Drunk Driving Laws in Fairfield, Ohio?
The legal limit refers to the maximum amount of alcohol or controlled substance detectable in your breath, blood, or urine before officials can charge you for being under the influence. Ohio courts may refer to this offense as DUI, OVI, OMVI, or DWI. Prosecutors use all these acronyms to identify an intoxicated driving offense.
In Ohio, the legal limit for blood or breath alcohol content (BAC) is .08% for drivers over 21 and .04% for commercial drivers. If you are under 21, the limit is .02%. However, a lower BAC does not foreclose the possibility of impairment. An Ohio prosecutor could still pursue a drunk driving charge depending on the unique circumstances of the incident.
Drunk and Impaired Driving Charges in Fairfield, Ohio
The Fairfield, Ohio, DUI attorneys at Gounaris Abboud, LPA, represent clients facing DUI charges in Ohio, including the following:
- First DUI,
- Second DUI,
- Third DUI,
- Drugged DUI,
- Misdemeanor DUI,
- Felony DUI,
- DUI with property damage, and
- Vehicular assault or homicide.
Depending on the situation, the key to a favorable outcome often hinges on the defense attorney’s knowledge, skills, and resources in handling the matter. An effective Fairfield DUI defense lawyer will work with their clients to build a credible defense and strategic case plan.
Penalties for Drunk Driving in Ohio
Two primary regulatory bodies that can impose penalties on those charged with DUI/OVI in Ohio are the court and the Bureau of Motor Vehicles (BMW). Those charged with drunk driving may face an array of penalties and fines from the court, the BMV, or both.
Criminal Penalties for DUI
The Ohio Revised Code § 4511 is an extensive portion of Ohio law that covers what happens when someone is caught driving under the influence.
Under Section 4511, if you are charged with a misdemeanor or felony DUI, you can face fines, jail terms, license suspension, and court-ordered assessments. The penalty depends on the number of times the accused has been charged in the last 10 years and whether they qualify as a “High Tier” offender.
In addition, criminal penalties have many collateral consequences that could cause you to face societal stigma, loss of income, costly interlock systems, increased insurance rates, and more.
Driving Penalties for DUI in Ohio
Defenses to Ohio DUI Charges
There are various ways to fight and beat an Ohio DUI charge. The criminal lawyers at Gounaris Abboud work with their clients to challenge these charges.
Some standard defense steps include the following:
- Pleading not guilty;
- Requesting and evaluating discovery, including evaluating the accuracy of any chemical tests;
- Pretrial negotiations with the prosecutor;
- Moving to suppress evidence if the police violate your rights or if there is an issue with the chemical tests that warrant exclusion of the results; and
- Preparing for trial if necessary.
In moving to suppress evidence, your DUI lawyers can challenge any of the following issues.
Challenging the police stop might be possible if the police violated your constitutional rights, failed to complete the charging documents, or failed to read the consent warnings before administering a sobriety test.
Field Sobriety Test
An attorney can challenge the field sobriety test results if the results were impacted by a medical condition or were not conducted in accordance with established protocols.
Breath Test Results
Challenging the breath test results is appropriate when the officer administered the test outside of the three-hour window or failed to conduct the 20-minute observation. You can also challenge the results if the machine was improperly calibrated or maintained—or if the test was otherwise wrongly administered.
Challenging the Evidence
An attorney can challenge police observations, witness statements, and expert testimony by presenting conflicting evidence.
In Ohio, DUI penalties can vary based on the surrounding facts and where the case is prosecuted. Additionally, Annie’s Law created many changes to the state’s DUI laws. Accordingly, anyone arrested, charged, or convicted of a drunk driving offense should consult with an attorney as soon as possible.
Speak with Experienced Fairfield DUI Defense Lawyers
If you’ve been arrested and charged with a DUI, Gounaris Abboud, LPA, has a team of skilled DUI attorneys in Fairfield waiting to discuss your case.
With more than five decades of experience handling all types of drunk and drugged driving cases, we know what it takes to beat even the toughest accusations. Our award-winning criminal defense attorneys are available 24/7, and we will not stop until we’ve achieved the best possible outcome for you.