• November 07, 2019
  • OVI
what happens if you refuse a breathalyzer 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 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. We 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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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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