• March 26, 2020
  • OVI

Your Driving Under Suspension in Ohio Questions Answered In Ohio, OVI means operating a vehicle impaired. It falls under the same umbrella of charges as a DUI (driving under the influence) but applies to both motorized and non-motorized vehicles. In Ohio, you commit driving under OVI suspension when you operate a vehicle with a driver license that was suspended because of an OVI charge. The crime of driving under OVI suspension is generally a first-degree misdemeanor. Its penalties vary depending on the number of OVI suspension offenses you’ve had. If you have been arrested for driving under OVI suspension in Ohio, you should contact an OVI defense attorney today. What Is the Penalty for Driving with a Suspended License in Ohio? In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also: Impound your license plates, Immobilize your vehicle, or Order you to perform community service. If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle. Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Happens After Each Offense? The penalties for driving under OVI suspension become more severe with the more offenses you have. DRIVING UNDER OVI SUSPENSION OHIO FAQ First Offense Your first arrest for driving under OVI suspension is a first-degree misdemeanor. It carries a mandatory jail term of three consecutive days or 30 consecutive days of house arrest. It also carries a $250 to $1,000 fine and up to a one-year suspension of your license. Furthermore, if the vehicle you were operating is registered in your name, the State will impound both the vehicle and your license plates for up to 30 days. DRIVING UNDER OVI SUSPENSION OHIO FAQ Second Offense Your second arrest for driving under OVI suspension within six years of your first offense is still a first-degree misdemeanor. It carries a jail term of at least 10 consecutive days to one year or house monitoring of at least 90 days to one year. It also carries a $500 to $2,500 fine and up to a one-year suspension of your license. Additionally, the State will impound both the vehicle and your license plates for up to 60 days if the vehicle is registered in your name. DRIVING UNDER OVI SUSPENSION OHIO FAQ Third Offense Your third offense of driving under OVI suspension within six years of your first offense is an unclassified misdemeanor. It carries a jail term of at least 30 consecutive days to one year. It also carries a $500 to $2,500 fine and a license suspension of up to one year. Unlike your first or second offense, you lose the vehicle you were operating to the State if it is registered in your name. An Ohio OVI attorney can help you understand how these penalties might apply to your case. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Are the Possible Reasons for Driver License Suspension in Ohio? You can lose your driver license in Ohio for reasons that include: OVI/DUI conviction, Reckless operation of a vehicle, Lack of registration or insurance, Default on your child support, and Excessive traffic violations. If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license. One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended. You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal. Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer. DRIVING UNDER OVI SUSPENSION OHIO FAQ How Can an OVI Defense Lawyer Help You? Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical. Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success. A lawyer can help you defend against a charge of driving under OVI suspension. Common defenses a lawyer can raise arise from your rights under the United States Constitution. DRIVING UNDER OVI SUSPENSION OHIO FAQ Possible Defenses to Your Arrest After Driving Under Suspension in Ohio Constitutionality of the Traffic Stop A lawyer can challenge the constitutionality of your traffic stop when defending against your OVI suspension charge. Under the Fourth Amendment, police need reasonable suspicion to pull you over. Reasonable suspicion means that specific articulable facts support an inference that you committed a crime. Most of the time, an officer observing any traffic infraction supports reasonable suspicion. Sometimes, facts surrounding the stop may not support a finding of reasonable suspicion. Talk to an OVI defense lawyer today to find out if you can challenge evidence supporting your charge under the Fourth Amendment. Coerced Statements You have the right not to make self-incriminating statements under the Fifth Amendment. Sometimes, after an arrest, a police officer may coerce you into making statements before advising you of your constitutional right to remain silent. If a police officer manipulated you into making incriminating statements, an OVI defense lawyer...

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  • March 17, 2020
  • OVI

Have you ever had a drink and felt that it affected you more than usual? Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, this is known as operating a vehicle under the influence, or OVI. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. Is it Possible to Beat My OVI Charge? Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Whether you can achieve a dismissal of your charge depends on the specifics of your case. Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ How to Beat an OVI Charge A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. Here are some legal defenses that may apply to your case. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Search or Seizure If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Questioning If the officer inappropriately questioned you, your answers to the officer’s questions may be excluded. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Field Sobriety Test Results Law enforcement officers will conduct roadside field sobriety tests (FST’s) where your alertness, dexterity and responsiveness will be tested.  These results will be used against you in court to try to prove your level of impairment has been impacted. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights.  The law firm of Gounaris Abboud will request the court issue an order preserving all video evidence in order to help you defeat an OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Test Results The breathalyzer test and blood alcohol tests that police administer may be inaccurate. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. Blood tests also must be conducted appropriately to provide admissible evidence. HOW TO GET OUT OF AN OVI IN OHIO FAQ Plea Bargain an OVI Charge If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. A plea bargain can reduce your charge or reduce your penalties. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Your attorney will attempt to reduce your penalties as much as possible under the law. To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI. HOW TO GET OUT OF AN OVI IN OHIO FAQ How an OVI Attorney Can Help When you face an OVI, you may not know what to do. You must seek legal advice because an OVI conviction has consequences. Not only does it carry potential jail time and fines, but the charge goes on your criminal record. This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense. Your attorney will attempt to get your charges dismissed. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. An OVI charge is not something you want to handle on your own. Your freedom and future are on the line, so you need an experienced OVI defense attorney. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. We have helped hundreds of clients get their OVI charges reduced or dismissed. When we meet for a free consultation, we can advise you of your best legal strategy. Give us a call today to start your OVI defense.

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  • February 24, 2020
  • OVI

The penalties for OVI (operating a vehicle under the influence), as defined in the Ohio Revised Code, are a common source of confusion.  An Ohio OVI penalties chart (like the one below) makes it easier to determine what you may face upon conviction for OVI. Ohio takes drinking and driving very seriously, as reflected in the harsh penalties that accompany OVI charges. To further complicate this issue, you face both criminal charges and driver license suspension. The best way to understand what the different OVI penalties are and how they could affect you is to talk to a knowledgeable Ohio OVI/DUI defense lawyer. Understanding the Basis of the Ohio OVI Penalties Chart The state sentencing guidelines base the severity of OVI penalties on your OVI-related criminal history. Potential criminal penalties also increase if: You refused a blood alcohol concentration (BAC) test, or Your BAC level tested at 0.17 or above (known as a high-tier offense). Other factors can affect the severity of your penalties, and in many cases, the court has discretion as to how to impose penalties on a case-by-case basis. Charged with an OVI in Dayton? If you were recently charged with an OVI related crime text us the details for a free and confidential case analysis Text Us on Mobile For Free Case Analysis OHIO OVI PENALTIES CHART FAQ What Are the Specific Penalties for Each OVI Offense? Ohio OVI Penalties Chart (Arrested w/ No BAC Testing) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 3 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 10 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 30 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 60 days to 36 months in jail or prison Monetary fine of $1,350 to $10,500 3 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture Ohio OVI Penalties Chart (Failed BAC Testing 0.08 to 0.169) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 3 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 10 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 30 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 60 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 3 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture Ohio OVI Penalties Chart (Failed BAC Testing 0.17 and Up) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 6 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (mandatory) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 20 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 60 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 120 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 2 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture Ohio OVI Penalties Chart (With Prior Refusal Within 20 Years) No. of Offense Jail Time Maximum Fines License Suspension Restricted Plates Interlock Alcohol Assessment/ Monitoring Vehicle Immobilization/ Forfeiture 1st Offense 6 to 180 days in jail (DIP at judge’s discretion) Monetary fine of $375 to $1,075 1 to 3 years (15-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (court’s discretion) Alcohol assessment (court’s discretion) N/A 2nd Offense 20 to 180 days in jail Monetary fine of $525 to $1,625 1 to 7 years (45-day minimum) DUI “Party Plates” (court’s discretion) Ignition interlock (mandatory) Alcohol assessment (mandatory) Vehicle immobilization 90 days 3rd Offense 60 days to one year in jail Monetary fine of $850 to $2,750 2 to 12 years (6-month minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days Vehicle subject to forfeiture 4th Offense/ Priors 120 days to 30 months in jail or prison Monetary fine of $1,350 to $10,500 2 years to lifetime (3-year minimum) DUI “Party Plates” (mandatory) Ignition interlock (mandatory) Alcohol assessment (mandatory) Alcohol monitoring (mandatory with driving privileges) Vehicle immobilization 90 days...

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  • January 18, 2020
  • OVI
OVI Expungement in Ohio

Your Questions About Ohio OVI Expungement Answered In Ohio, OVI expungement refers to having a drunk driving conviction removed from your record. Unfortunately, our state laws do not allow you to have a DUI or OVI expunged or sealed. In fact, your conviction will remain a matter of public record permanently. An Ohio criminal defense lawyer can assist you in getting other misdemeanor or felony offenses expunged. However, once you are convicted of operating a vehicle under the influence of drugs or alcohol, you must live with the consequences. That being said, a DUI defense lawyer can perhaps lower or eliminate a DUI charge. Contact one of our attorneys today for a free legal consultation. OHIO OVI EXPUNGEMENT FAQ Is It Possible to Get an OVI Expunged? Ohio law specifically prohibits the expungement of a DUI or OVI. The law also prohibits you from having any type of traffic offense expunged. The only way you can clear these matters from your criminal record is to have them overturned in court. Otherwise, you will battle the stigma and economic hardship of an OVI indefinitely. If you get arrested and go to trial for DUI, this also becomes a matter of public record. However, if the court dismisses your case or if you win at trial, you can have this information sealed quickly and affordably. OHIO OVI EXPUNGEMENT FAQ What Is the Ohio OVI Expungement Process? Because you cannot get an OVI expunged in Ohio, there is no process per se. In other words, the only real way to keep an OVI off your record is to fight the charges. Having an experienced Ohio OVI defense attorney to assist you provides several key advantages. If you are convicted of DUI, however, you remain eligible to have other criminal convictions expunged, thanks to a recent change in Ohio law. Previously, Ohio law precluded those convicted of OVI from having any criminal convictions expunged – even those unrelated to the OVI charge. But under the new law, as long as you have only one OVI conviction on your record, you can apply to the court for the expungement of one eligible felony or misdemeanor offense. OHIO OVI EXPUNGEMENT FAQ How Can a DUI Expungement Lawyer Help? The key to avoiding a DUI or OVI offense on your record is to avoid conviction. If you are arrested and charged with drunk or impaired driving, contact an attorney immediately. An experienced criminal defense attorney has multiple options for defending you against DUI charges. Your lawyer will also schedule your Ohio Bureau of Motor Vehicle hearing to appeal the suspension of your driver’s license. Your legal team will handle every aspect of your case and fight for your future. Even if you believe the prosecutor has a strong case, an experienced attorney understands how to build a persuasive defense on your behalf. Fighting these charges may give you the best chance of keeping your record clean. OHIO OVI EXPUNGEMENT FAQ Talk to an Ohio DUI Lawyer Today Do not put your future at risk by accepting a plea offer or providing a statement to the police or prosecutor. Take advantage of the complimentary consultation offered by Gounaris Abboud, LPA. Over the years, we have helped hundreds of clients avoid DUI convictions by getting their charges reduced or dismissed. With more than 50 years of combined experience, we understand the importance of building a strong case. We help you explore your options and, together, craft a compelling strategy for your case. To schedule your no-cost, no-obligation consultation and case review, contact us today, or call us at 937-222-1515.

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  • January 03, 2020
  • OVI
Is an OVI a Felony In Ohio

For those arrested for OVI (operating a vehicle impaired) in Ohio, the charges against them are often confusing.  Is an OVI a felony in Ohio? That depends. OVI is often a misdemeanor, but it may become a felony in certain situations. Whether you are facing a misdemeanor or a felony OVI charge, contact an Ohio defense attorney. A lawyer will help protect your rights. IS AN OVI A FELONY IN OHIO FAQ When Is an OVI a Felony? OVI is a felony when the accused has committed prior OVI offenses. Whether OVI is a felony depends on the number of prior offenses and the time in which they occurred. Under Ohio OVI laws, a felony OVI may result when the defendant received: Three or four OVI convictions in the last 10 years, Five or more OVI convictions in the last 20 years, or A prior felony OVI at any time. Felony OVIs are third-degree felonies or fourth-degree felonies. An OVI is a third-degree felony in the last situation where the defendant has one prior felony OVI. The OVI is a fourth-degree felony when the OVI falls under one of the first two categories listed above. IS AN OVI A FELONY IN OHIO FAQ What Are the Penalties for a Felony OVI In Ohio? The penalty depends in part on the degree of the felony; several penalties apply to every felony OVI. First-Time Felony OVI Penalties For a first-time felony OVI, Ohio requires mandatory penalties that include: A minimum $1,350 fine, A minimum 60-day or 120-day jail or prison sentence (depending on the substance you used and how much was in your system), A minimum three-year license suspension, Vehicle forfeiture, and Required participation in drug or alcohol treatment. The $1,350 fine is the smallest fine that the court may impose. The court can instead impose up to the maximum fine of $10,500. Similarly, the court has discretion to order a prison sentence above the minimum of up to 30 months. If you had five or more OVI convictions in the past 20 years, the court can put you in prison for up to five years. The court could also impose a lifelong license suspension. Second Felony OVI Penalties These mandatory penalties are mostly the same for a second felony OVI conviction. One exception is that the mandatory sentence must be served in prison; there is not an option for the court to order jail time instead. Additionally, the court can impose a prison sentence up to five years, regardless of how many prior convictions you had or when they occurred. IS AN OVI A FELONY IN OHIO FAQ What Are the Defenses to a Felony OVI? The defenses available in misdemeanor cases are also available for felony OVIs. Constitutional Violations A defendant may argue that the police violated their Fourth or Fifth Amendment rights.  A Fourth Amendment violation may result if the police conduct an invalid stop or arrest. A Fourth Amendment violation might occur when the police stop a car without reasonable suspicion that an offense has been committed. The police also need probable cause to believe that the driver was under the influence to make an arrest. A Fifth Amendment violation occurs when the police do not read the accused their Miranda rights. A defendant must first hear their Miranda rights before they can be questioned in police custody. Miranda rights include the right to an attorney and the right to remain silent. A Fourth or Fifth Amendment violation will not result in having the case dismissed. However, a violation may lead to the court suppressing evidence that police obtained as a result of the violation. This means that the court will not allow the prosecution to show the evidence in a trial. Factual Challenges The defense may argue that the state cannot prove OVI beyond a reasonable doubt. This might work, for example, where there is not enough evidence of intoxication. The defense might also argue that the defendant was not operating a vehicle as alleged. The defendant might challenge the field sobriety test or the chemical test. A chemical test measures the defendant’s blood alcohol content administered by the police. The defense can challenge these tests for: Testing errors,  Improper collection, and  Improper preservation of the sample. Also, the police must take the sample within three hours of operating the vehicle. If the officers do not do so, results may not show the defendant was intoxicated. IS AN OVI A FELONY IN OHIO FAQ What Will Happen in Court for a Felony OVI? When someone is charged with a felony, they first have an initial appearance before the court, where the court will explain the defendant’s rights. The court will also set bond and other conditions on the defendant’s release, if any. Next, the court holds a preliminary hearing, where it decides whether there is probable cause to bind over the defendant, i.e., move forward with the case. If the court finds probable cause, then a grand jury hears the case and decides whether to indict the felony. Indictment means that the defendant is charged with the felony OVI. If indicted, the defendant will have their first formal appearance in court, called an arraignment. At this time, the defendant will enter a plea of guilty or not guilty. Next, the parties will try to resolve the charges before trial. If the parties cannot reach a plea bargain, the case will move to a trial. IS AN OVI A FELONY IN OHIO FAQ When Should I Contact a Lawyer? Felony OVI is a serious charge with serious consequences.  To protect your freedom and avoid hefty fines, contact an experienced OVI defense lawyer immediately. At Gounaris Abboud, LPA, we have over 50 years of collective experience. Our lawyers provide our clients with a zealous defense at every stage of the case. Contact the seasoned attorneys at Gounaris Abboud, LPA online or by 937-222-1515.

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  • November 07, 2019
  • OVI
what happens if you refuse a breathalyzer in ohio

What Happens if You Refuse a Breathalyzer Test in Ohio One look at Ohio’s statute on Operating a Vehicle Impaired (OVI), and you’ll know that getting pulled over for drunk driving is a big deal. If convicted for even a first-time offense, you face jail time and a driver’s license suspension. If your blood alcohol content was .08% or above, mandatory minimum sentencing kicks in. This means that you’ll spend anywhere from 72 hours to six days in jail. There are also fines, court fees, the costs of taking an alcohol abuse course, and license reinstatement expenses, so you’re looking at losing thousands of dollars. Based on these penalties, you may think that refusing a breathalyzer in Ohio is a good idea. In truth, declining the chemical test is not a wise move. Some answers to these common questions may help you understand the key issues. What does implied consent mean? In Ohio, you consent to a chemical test to measure your blood alcohol content (BAC) when asked by police. The test may be through samples of your breath, blood, or urine, but the breathalyzer is the most common. If you refuse the breathalyzer in Ohio, the penalties can be severe. When can officers request me to take a breath test? Police can ask you to take a chemical test after you’ve been arrested for drunk driving. You must be under arrest before the police can make the request. If they ask you to take a portable breath test at the scene, you’re within your rights to refuse to blow. These devices are often inaccurate and are usually not administered by a specially trained law enforcement officer, so the results cannot be used as evidence. What are the penalties if I refuse to blow? The first time you refuse a breathalyzer test, you’ll get a one-year driver’s license suspension. Per Ohio’s DUI laws, the punishment increases with subsequent offenses. Therefore: A second refusal could lead to a two-year suspension of your driving privileges; License suspension for three years for a third refusal; and, A five-year suspension applies for more offenses. What happens to the DUI charges against me? Refusal to blow is a separate offense from drunk driving, so you could be sentenced to the above punishment regardless of the outcome in our DUI case. Are there any defenses to OVI refusal to blow? The details vary according to your circumstances, but you may have grounds to fight the charges. One of the more common defenses is that the police officer didn’t tell you your rights about refusal to blow. Set Up a Consultation with an Ohio OVI/DUI Lawyer Right Away If you have more questions about refusing a breathalyzer in Ohio, please contact Gounaris Abboud, LPA today. Our OVI lawyers can schedule a case evaluation to review your circumstances and determine the best strategy for defending your rights.

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  • November 07, 2019
  • OVI

Ohio OVI Penalties: What You Should Know Driving under the influence of alcohol or drugs is a serious offense in Ohio that can have steep penalties. Not only will you pay a fine and do jail time, but you can also lose your driver’s license and end up with a criminal record. If you are facing charges for drunk or drugged driving in Ohio, you need to learn more about Ohio OVI penalties. Mandatory Minimum Ohio OVI Penalties for First-Time Offenders First-time OVI offenders in Ohio still face significant penalties. Ohio DUI penalties are based on whether a person has a “low” or a “high” blood alcohol concentration (BAC). A “low” BAC is anything above the legal limit of 0.08 = but less than 0.17. The mandatory penalties for a first-time “low” OVI are: 3 days to 6 months in jail; At least a 6-month suspension of your driver’s license, and a driver’s license suspension of up to 3 years; and A fine of at least $375 and up to $1,075. A “high” OVI conviction, with a BAC of 0.17 or higher, comes with higher mandatory penalties. Just because these are the mandatory minimums does not mean that you should assume this will be the only penalty. Judges can impose sanctions that are higher than these sentences. For example, Ohio only requires that a first-time OVI conviction results in three days in jail, but a judge may order you to spend up to six months in jail. Besides these penalties, you will pay a fee of $475 to have your driver’s license reinstated. Penalties for Refusal to Submit to a Chemical Test If you refuse to take a chemical test—a breath test, a blood test, or another test designed to test your blood alcohol concentration—you will face more penalties. By refusing to take a chemical test, you are violating the implied consent law in Ohio. For a first offense, you will face an automatic driver’s license suspension of one year. If your BAC is over the legal limit and you refused to take a test, you will face more penalties. Subsequent OVI Penalties and Ohio DUI Laws Subsequent offenses come with steeper penalties. For example: Second offense: anywhere from 10 days to 1 year in jail, a fine of up to $1,500, and a driver’s license suspension of up to 5 years; Third offense: anywhere from 30 days to 1 year in jail, a fine of up to $1,500, a driver’s license suspension of up to 10 years, and the required use of an ignition interlock device; and Fourth offense: anywhere from 60 days to 1 year in jail, a fine of up to $10,000, possibility of a permanent suspension of your driver’s license, and the required use of an ignition interlock device. Contact an Ohio OVI Defense Attorney If you need help building a defense in your OVI case, our Ohio OVI defense attorney can begin working on your case today. Contact Gounaris Abboud for more information.

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ovi charge

An OVI charge can be serious. When an individual is arrested for operating a vehicle under the influence of alcohol, it can lead to jail time, hefty fines, license suspension, and marks on the suspect’s criminal and driving records. Recently, a client came to Gounaris Abboud after being arrested and charged with an OVI. This particular client is the owner and operator of a successful IT consulting firm. An OVI conviction could have given him trouble at his place of employment, and may have even cost him his position at the company if he had been convicted. Unfortunately, this was this man’s third OVI charge. If convicted, he may have been forced to spend up to one year in jail and would have been obligated to at least serve a minimum sentence of 30 days. The client’s vehicle would have been forfeited to the state if he was convicted and his license may have been suspended for up to 10 years as a result of his crime. In addition to all of this, he would have had to face a mandatory fine that could have amounted to $2,750. These are serious punishments that could have had serious implications for our client. Thankfully, the professionals at Gounaris Abboud managed to reduce the charge to a physical control violation. This is a lesser charge that came with a light sentence. Our client did not have to spend any time in jail, and was charged a mere $150 fine. He was also ordered to do a weekend drivers’ intervention program as punishment. Our client was able to get his license back the same day as his final court hearing, and was able to keep his position at the IT consulting firm. He was thrilled with the results of his case. You may also be able to receive satisfactory results in your criminal case if you hire a Dayton criminal defense attorney at Gounaris Abboud to tackle your OVI case.

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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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