High-Tier-OVI-in-Ohio

In Ohio, a person is guilty of driving under the influence (OVI) if they operate a motor vehicle with a blood alcohol content of 0.08 or higher. When someone’s blood alcohol content is significantly higher the offense becomes a “high tier” OVI. A “high tier” OVI, carries criminal penalties that are much more severe than the penalties for a typical OVI.  What is a High Test Result Under Ohio’s High Tier OVI Laws? When the police suspect a person of driving under the influence, they may ask that person to submit to a chemical test. This test measures the person’s blood alcohol content. If the test results show that the person has a blood alcohol content of 0.08 or more, the driver will likely face an OVI charge. If the test results show that the person’s blood alcohol content is equal to or greater than 0.17, the person faces a “high tier” OVI charge.  What test results qualify as a “high” under Ohio drug laws? Ohio law defines the following results as high, depending on the type of test: Breath test: 0.17 or greater Urine test: 0.238 or greater Blood serum or plasma test: 0.204 or greater Ohio considers these results excessively above the legal blood alcohol limit of 0.08. For the driver whose test returns a high result enhanced criminal penalties will likely follow if convicted.  Criminal Penalties for a High Tier DUI For a high tier OVI conviction, Ohio law imposes enhanced criminal penalties. The following are potential penalties that could result from a super DUI: Suspended driving privileges.  The Ohio Bureau of Motor Vehicles (BMV), through an Administrative License Suspension (ALS), will suspend a person’s driving privileges after a test over the legal limit. This means that you may not drive until your driving privileges are reinstated or if the Court grants driving privileges.  Suspended driver’s license. The court may suspend the individual’s license for one to three years following an OVI conviction.  Fines. The fines imposed for an OVI range anywhere from $375 to $1,075.  Ignition interlock device. The court will require that the driver install an ignition interlock device at the driver’s expense if convicted of a “high tier” OVI. Ignition interlock devices prevent the operator from starting the car until they pass a breath test. Some devices require a second breath test at random while the vehicle is in operation. If the court grants the person unlimited driving privileges, the person must install an interlock device. Restricted license plates. If the court allows the person to continue driving, the person will need to display restricted license plates if convicted of a “high tier” OVI. Restricted license plates are bright yellow with red lettering. The plates signal that the driver has limited privileges because of a driving under the influence conviction. Jail time. An individual usually must serve a mandatory 6 six days up to 180 days in jail if convicted of a “high tier” OVI.  For a second “high tier” OVI conviction, the sentence ranges from a mandatory 20 days to six months in jail. The punishment for a third “high tier” OVI conviction is at least 60 days in jail and up to one year. Probation. The court may require up to five years of probation for a “high tier” OVI conviction.  These penalties often affect the individual’s life significantly because of things like increased insurance rates, associated costs and expenses, and limited ability to travel. Because of the potentially severe consequences of a “high tier” OVI you should immediately seek legal representation to help you in your defense.  Contact an Experienced OVI Attorney in Ohio If you are facing OVI charges in Ohio, you need an experienced defense attorney on your side. At Gounaris Abboud, LPA, our experienced and distinguished defense lawyers will work hard to protect your rights at every stage of your case.  Contact our legal team today for a free case evaluation. Our lawyers can discuss how we can help you develop a strong legal defense and obtain the best possible outcome. 

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An adult convicted of a DUI (driving under the influence) is certainly in for some troubled times ahead. An underage driver convicted of a DUI may be in even more trouble, as it places a damaging mark on their record at such an early stage of their lives. If you are a parent of an underage driver who was arrested for a DUI in Ohio, you need to be aware that it is up to you as their legal guardian to take the initiative and protect their rights and driving privilege. Penalties Underage Drivers May Face If your underage child is convicted of a DUI, the first penalty will most likely be a $250 fine. If your child does not have this money under their sole control, you will be expected to pay it instead. The Ohio Bureau of Motor Vehicles (BMV) will enact a license suspension of two years or until your child is 18, whichever suspension will last the longest. This can be a major burden for both you and your child as you both must cope with their sudden loss of their freedom of mobility. In cases where your child’s allegedly intoxicated driving causes an accident, resulting in significant injury, property damage, or death, they may be sentenced to 30 days in jail or a juvenile correctional facility. Such penalties are notorious for being more detrimental to a child’s wellbeing than constructive. You should do all you can to prevent this occurrence. It should also be noted that an underage DUI charge is triggered by a blood alcohol concentration (BAC) of only 0.02%, not the more-commonplace 0.08%. Working Towards an Optimal Solution Most Ohio State judges presiding over underage DUI cases will admit that they do not want to penalize someone so young so harshly, but they must do their duties as representatives of the justice system. With this in mind, our Dayton DUI attorneys from Gounaris Abboud, LPA may be able to negotiate with the judge to secure your child an alternative sentencing that focuses not on punishment but instead on rehabilitation and education. We can also support you during BMV hearings and license reinstatement procedures to make certain that the administrative side of your underage child’s DUI case goes as smoothly as possible as well. Want to know more about our services? Call 937-222-1515 for a free case evaluation today.

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ohio ovi charge

An Ohio OVI charge can severely impact anyone. At the law firm of Gounaris Abboud, LPA, we represent people from all walks of life that face the very serious charge of operating a motor vehicle while impaired (OVI). When arrested for an OVI crime you may be facing harsh penalties including: Jail time License suspension License reinstatement fees Large Fines Driver Intervention Program Community Service Recently, our firm represented a college student with no prior record in the Kettering Municipal Court on an OVI charge. Our client tested a blood alcohol content (BAC) of over .16 and was facing very serious sanctions including the loss of driver’s license and up to six (6) months of incarceration. We knew that we would need to build a strong case to help our client fight against these charges. After a lengthy litigation process that included a motion to suppress hearing, the client pled guilty to a reduced charge thereby keeping an OVI conviction off their driving record. An OVI conviction greatly damages your driving record and it is imperative to do all that you can when facing these charges to fight to keep the conviction off of your record. This entails working with an experienced Dayton DUI attorney to create a strong testimony and defense against the prosecutor’s evidence. The lawyers at Gounaris Abboud, LPA have experience cross-examining witnesses and finding flaws in the evidence against our clients. If you are facing an OVI charge in Ohio contact our firm and see how we may be able to help you fight for a reduced charge. We proudly offer a free case evaluation so you can call today and speak with a skilled DUI lawyer regarding your case at no cost!

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In some DUI cases, a conviction can mean job loss. For example, a client recently came to our firm after she was arrested for driving under the influence. She was pulled over at about 2:00 am one night when she was weaving along the center line near Indian Lake. When she was pulled over, the police discovered that she was weaving back and forth on the street because she was intoxicated. The woman was charged with a DUI and arrested. This particular client is a children’s services caseworker. Individuals who have a career in social work need to have a spotless criminal record in order to maintain their position. Being arrested and charged with a DUI put our client’s career in jeopardy. If she had been proven guilty of her offense, she would have been fired and forced to go out searching for another occupation. She would have also lost her ability to work as a licensed social worker anywhere in the United States. This could have forced her to make major career changes or go back to school to get a degree in another field. Thankfully, when this attorney came to Gounaris Abboud, LPA, we were able to advocate on her behalf and have the charge reduced to a reckless operation. This is a minor misdemeanor, and did not jeopardize her career. We were able to determine this sentence reduction through protracted negotiations, and our client was able to continue working in child services. If your career is in jeopardy because of a DUI arrest then you want a lawyer there to help you. Talk to an attorney at our firm today to get the representation you need to possible prove your innocence or see your sentence reduced.

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dayton criminal defense attorney

When a driver is charged with a DUI, the punishments can be serious. Recently, a client came to our firm after he was charged with a DUI and Refusal. This means that the prosecution had reason to believe that he was guilty of a DUI, and could charge him for refusing to take blood and breath tests that are required by the law. The suspect had not been arrested for a DUI within 6 years, but in his lifetime he had been charged with two previous offenses. This may have affected his sentence and caused the judge to add a harsher penalty. When this client came to our firm, we set about right away to obtain a Motion to Suppress. To our delight, the court chose to dismiss our client’s OVI charge which means that this would not end up on the client’s driving record. This would keep his insurance rates low and help him to avoid getting his license revoked or being cited for criminal conduct in the event of a background check. In addition to this, our client’s refusal to take a blood or breath test charged was minimized and reduced to a reckless operation charge. Reckless operation is considered a fourth degree misdemeanor and only comes with a fine and court costs. Our client was able to avoid jail time and license revocation among other crimes. As a result, he was able to walk free after trial with only a monetary expense as punishment. If you have been arrested for an OVI charge and are worried about your future, you need to hire a firm that has proven success based on their case results. You need to hire Gounaris Abboud, LPA today! Contact them at 937-222-1515 for more information!

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ovi charge reduced

When you are arrested for an OVI charge, you may have to spend time in jail and pay heavy fines for your crime. In Ohio, a 1st DUI conviction comes with at least three days in jail or probation with a driver intervention program. People can serve as many as 6 months for an OVI charge in this state. As well, a person can have his or her license suspended for up 3 years, and may be required to place DUI plates on his or her car. These plates will announce that the driver has been charged with a DUI and warn others to steer clear. As well, the driver may be forced to install an ignition interlock device on his or her vehicle, and fined up to $1,075. When a client came to us with an OVI charge, we knew that we needed to step up and help quickly. The client was stopped by a police officer on his way home from the Bengals and Steelers fame in Cincinnati. Police officers often patrol the streets after a sports game in hopes that they can catch drivers who may have had a few too many beers while watching football that afternoon. The police officer stopped our client and forced him to take a breath test. Our client merited a 0.15, which is almost twice the legal limit. We asked for a motion to suppress hearing due to the nature of the case, and the state agreed to dismiss the OVI. Instead, our client was charged with a physical control violation. This is a non-moving offense and will not affect our client’s driving record. He will not lose his driving license as a result. If you want a Dayton DUI lawyer with proven results to work on your case, don’t hesitate to contact an attorney at Gounaris Abboud, LPA today!

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