• September 21, 2022
  • OVI
OVI resources

According to the National Highway Traffic Safety Administration (NHTSA), the United States saw 11,654 fatalities in alcohol-involved car accidents in 2020. In fact, the number of fatalities in alcohol-involved crashes increased by 14.3% from 2019 to 2020. In Ohio, approximately 36% of all traffic fatalities occurred in alcohol-involved accidents. If you are facing charges for operating a vehicle impaired (OVI) in Dayton, contact an OVI attorney at Gounaris Abboud, LPA today. We offer all of our clients the one-on-one attention they deserve. Our attorneys take the time to listen to your needs and address all your concerns about your case. A Dayton OVI lawyer can help you navigate your criminal proceedings and advocate on your behalf. Contact the team at Gounaris Abboud to start your free initial consultation. What Is OVI in Dayton?  Ohio law prohibits motorists from operating a vehicle while under the influence of alcohol, drugs, or any combination of the two. Ohio refers to this violation as OVI or DUI. For drivers age 21 or older, the legal limit for your blood alcohol concentration (BAC) is .08%. If you are under 21, the legal limit is .02%. Ohio considers a first-time OVI conviction a first-degree misdemeanor. A first-degree misdemeanor carries a minimum 3-day jail sentence, a maximum sentence of 6 months in jail, a fine of up to $1,075, and mandatory attendance of a driver’s intervention program for three days. A second OVI conviction within ten years is still considered a first-degree misdemeanor. However, the mandatory jail time increases to ten days, and the maximum possible fine increases to $1,625.  The third OVI conviction carries the following potential penalties: Between 30 days and one year in jail, A fine of up to $2,750, Vehicle forfeiture, and Mandatory participation in a community addiction program. Only OVI convictions received within the past ten years count to enhance your penalty. OVI Resources: Ohio Driver Intervention Program The Ohio Driver Intervention Program (DIP) offers individuals arrested for OVI an alternative to the mandatory three-day jail sentence, at the court’s discretion. The DIP includes small group discussions and traffic safety education on alcohol, drug abuse, and addiction. The educational curriculum offered by the DIP includes the following information: Physical, psychological, and social consequences of alcohol and other drug use; Physiological and psychological effects of alcohol and other drugs on driving performance; BAC, drugs, and the definition of legal impairment; Symptoms of alcohol and other drug abuse; Progressive nature of alcohol and other drug dependence; Levels of license suspension and revocation; Fines and levels of incarceration; and Treatment and self-help resources for alcohol and other drug addiction. DIPs involve a two- or three-day process of education and screening. All DIPs are certified by the Ohio Department of Mental Health and Addiction Services, and they are usually held at hotels. Locations, dates, and hours of operation are available at most courthouses. A list of DIP locations in Ohio is available online. How Can an OVI Attorney Help My Case?  Hiring an attorney to defend yourself against OVI charges can make a significant difference in your case. We have decades of experience defending OVI cases and have picked up a lot of knowledge and experience along the way. You can rest assured that we will: Prepare a strong legal strategy to present to the prosecutor; Advocate to have your charges reduced or dismissed; Investigate the circumstances of your case and ensure we have a thorough understanding of what occurred; and Offer the highest level of legal representation that we can achieve.  Do not accept an unfavorable plea agreement before you have a chance to consult with an OVI lawyer. Otherwise, you might face stiffer penalties. Instead, consult with an experienced attorney at Gounaris Abboud, LPA for OVI help in Dayton. Contact Gounaris Abboud Today to Learn About More OVI Resources An OVI conviction can result in serious consequences. Of course, each case is different. However, in many situations, it will be beneficial to obtain an attorney to help you defend your case.  Collectively, our team has more than 30 years of experience in the courtroom. One of our managing partners, Nicolas G. Gounaris, is a seasoned attorney with experience as a prosecutor, magistrate, and acting judge—a background that gives him a unique outlook on defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. When it comes to fighting OVI charges in court, no case is too complex for our skilled defenders. From start to finish, the experienced and awarded Dayton DUI attorneys at Gounaris Abboud, LPA can help you preserve your liberties.

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  • July 08, 2022
  • OVI
what happens if you refuse a breathalyzer in ohio

There is a big difference between a standard breathalyzer and a portable breath test—also called a PBT test or portable breathalyzer. Although both tests measure a person’s blood-alcohol level, the results from the PBT test are not admissible in court. The results from a standard breathalyzer may be admissible in court if the prosecutor satisfies the legal requirements. Successfully defending a charge of operating a vehicle while intoxicated (OVI) often starts with challenging the validity of the prosecutor’s evidence. Having an OVI defense lawyer who knows the law and understands how to challenge breathalyzer results successfully could mean the difference between a conviction and an opportunity to walk away without penalties. In the Dayton area, Gounaris Abboud, LPA, is the team you can trust to help protect your rights and your future. Admissibility of Breathalyzer Results in Ohio The Ohio Revised Code § 4511.19 is the State’s OVI statute. The statute says a person cannot drive a motor vehicle under the influence of alcohol. Notice that this law states that you must be experiencing the effects of alcohol and actually be impaired. However, the “per se” OVI rule states that if you have a .08% blood-alcohol concentration (BAC) you are breaking the law—whether you are actually impaired by the alcohol. More specifically, the .08% BAC means that the ethanol in your system meets or exceeds .08 grams in 100 milliliters of blood or .08 grams in 210 liters of breath. It is illegal to drive with that much alcohol in your system, regardless of its impact on your ability to drive. Ohio’s OVI law allows for the analysis of breath, urine, whole blood, blood serum, or plasma to determine if the person is OVI per se.   Admissibility of Breath Tests in Court A prosecutor cannot simply discuss the breathalyzer test in court without meeting the legal requirements to introduce the results into evidence. Unlike in television shows or movies where the characters freely talk about evidence, Ohio law imposes strict rules that the parties must meet before the judge or jury can hear the evidence. In court, the judge calls that process “laying a foundation.”  Foundation for admissibility The prosecutor must lay the proper foundation before the judge allows the breathalyzer results into evidence. The OVI law explicitly states that a breathalyzer test taken within three hours may be admitted into evidence at trial to prove the accused’s blood-alcohol level. Any breath sample taken more than three hours after the arrest is not admissible. Ohio’s OVI law states that the arresting police officer must ask the person under arrest for OVI to take a chemical test. Next, the officer must warn the person about the consequences of refusing a breathalyzer test. Finally, the breath test must meet the methods approved by the Ohio Director of Health.  Requirements for test admissibility The director of health publishes the requirements for breathalyzer tests. The requirements include: Setting guidelines for testing methods; Establishing qualifications of individuals authorized to administer the tests; and Certifying each person allowed to administer the breathalyzer. The director also has the authority to revoke any certification issued. Before the prosecution can offer the breathalyzer test results in evidence, the prosecutor has to show that the breathalyzer machine worked adequately and that a certified breath test operator administered the test. Part of this process is proving that the testing officer followed the checklists and recorded the data on the right forms. This process also includes testing the solution in the breathalyzer every seven days.  What Can Happen If the Police Do Not Follow the Breathalyzer Rules? The judge can exclude the breathalyzer test results if the prosecutor fails to lay the proper foundation to admit the test results in evidence. The judge can also exclude the results if the machine was not in working order or the officer who gave the test was not certified.  Without the test results in evidence, you stand a better chance of winning the case.  Are PBT Results Admissible in Ohio Courts? A police officer who pulls you over can administer a portable breath test at the scene. The officer might be able to use that test result to help determine whether probable cause exists to arrest you for OVI. But that’s as far as this evidence can go. Courts in Ohio do not allow PBT evidence at trial. The officer cannot testify to the result or even state that the officer gave you the test. And unlike the refusal of a proper breathalyzer, the refusal to take a PBT cannot be used against you in court.  The reason these tests are inadmissible is that courts have determined that PBT machines are highly inaccurate. Unlike breathalyzer machines, there are no reliable methods for testing a PBT’s accuracy. Additionally, there are no testing or certification requirements for a PBT device, unlike a breathalyzer test installed in a police station.  Fight the Breathalyzer Results In Your Case with Experienced OVI Defense Lawyers  The OVI defense attorneys with Gounaris Abboud, LPA, have tremendous experience fighting OVI cases successfully by challenging the breath test results. Their knowledge, skill, and experience can help you when you need it most. Contact our firm today at 937-222-1515 to speak with an award-winning OVI attorney. We will listen to your needs and help you achieve a successful outcome.

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Aggravated vehicular homicide

Ohio roads can be dangerous places to drive. According to the Ohio State Highway Patrol, 1,231 fatal motor vehicle crashes occurred in 2021. Unfortunately, numerous crashes involved aggravated vehicular homicide because the driver was driving recklessly or operating the vehicle while impaired.  In an effort to avoid such unnecessary death, Ohio aggravated vehicular homicide laws are tough. They call for harsh penalties to punish those who take another’s life while driving under the influence. A conviction for aggravated vehicular homicide in Ohio can ruin your life even though you never intended to harm another person. To protect yourself against these serious allegations, you need tough, aggressive, and highly skilled defense lawyers at your side. Dedicated lawyers from Gounaris Abboud, LPA, stand by, ready to give you the best chance for a successful defense.  What Is Aggravated Vehicular Homicide? Ohio Revised Code Section 2903.06 defines aggravated vehicular homicide in Ohio. Under this section, the police can bring aggravated vehicular homicide charges when a person operates a vehicle under the influence of drugs, alcohol, or a combination of both and kills another person. Additionally, a person could face charges of aggravated vehicular homicide in Ohio for driving recklessly and killing another, or for killing someone who was in a construction zone at the time of the crash. However, the fact that you were involved in an accident does not mean you are automatically guilty of aggravated vehicular homicide. Rather, the police can charge you with aggravated vehicular homicide only if impaired or reckless driving proximately caused the victim’s death. Essentially, proximate cause means the direct and uninterrupted consequence of an act that killed the victim. In other words, the State would have to prove that your impaired or reckless driving caused the accident that killed the victim.  What Is the Potential Aggravated Vehicular Homicide Ohio Sentence? Aggravated vehicular homicide in Ohio is a felony. The degree of felony you face depends on how the crash happened and your prior criminal history. Aggravated vehicular homicide sentencing takes into consideration your personal history as well as the impact of the victim’s death on their family.  Third-Degree Aggravated Vehicular Homicide  Reckless driving or committing a reckless offense in a construction zone that caused someone’s death is a third-degree felony. You could go to prison for up to five years, pay a fine of up to $10,000, and lose your driver’s license permanently.  Second-Degree Aggravated Vehicular Homicide You face a second-degree felony if the police have evidence that you drove while under the influence of an intoxicating substance. The possible sentence includes a mandatory prison sentence of two and eight years, a fine of up to $15,000, and having your driver’s license suspended for life.  Driving recklessly and killing a person in a construction zone or reckless driving accompanied by aggravating factors is also a second-degree felony. Aggravating factors that enhance this crime up to a second-degree felony instead of a third-degree felony include: Driving with a suspended license for Operating a Vehicle Impaired (OVI) at the time of the crash; Driving without a license after a previous OVI conviction in Ohio; or Having a prior conviction for motor vehicle homicide, vehicular manslaughter, or vehicular assault. These offenses carry up to eight years in prison, a $15,000 fine, and the possibility of a lifetime driver’s license suspension. First-Degree Aggravated Vehicular Homicide The charge of first-degree aggravated vehicular homicide is appropriate if you caused a fatal crash while impaired with the presence of one aggravating factor. Aggravating factors include: Having a previous conviction for aggravated vehicular homicide; Driving with a suspended or revoked license after an OVI conviction; or Having a prior conviction for vehicular manslaughter, vehicular homicide, or vehicular assault. The punishment for a first-degree felony is severe. You face mandatory prison time up to 11 years, a $20,000 fine, and lifetime revocation of your driver’s license. However, you could face up to 15 years of mandatory prison time if you have three or more OVI convictions or one OVI felony conviction in the past six years.  Defenses for Aggravated Vehicular Homicide in Ohio Even if you think the deck is stacked against you, the law presumes you to be innocent until proven guilty. Having a knowledgeable and experienced OVI defense attorney aggressively defend your case can help expose weaknesses in the State’s case. With skilled defense lawyers by your side, you might be able to contest the admissibility of evidence, argue that the police violated your rights, and persuade a jury that the State failed to prove its case beyond a reasonable doubt. In the right circumstances, engaging in plea bargaining might be your best chance to avoid a long prison sentence.  Award-Winning Representation from the Dedicated OVI Defense Lawyers with Gounaris Abboud, LPA If you face aggravated vehicular homicide charges in Ohio, you need to act quickly to protect your rights. Contact Gounaris Abboud at 937-222-1515 to enlist highly experienced and reputable OVI defense lawyers to get you the best results possible for your case.  Gounaris Abboud’s OVI defense attorneys earned multiple awards for their stellar representation of people just like you. It’s no coincidence that our lawyers have earned the AVVO 10.0 Superb Rating as well as inclusion in the list of the Top 100 Trial Lawyers and the annual SuperLawyers distinction. Put our stellar reputation and work ethic to work for you—call to set up your initial consultation today.

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DUI OVI for driving on prescription drugs

People often ask us, How can you get a DUI/OVI for prescription drugs?  The next question you might ask is, How can I have a DUI/OVI for prescription drugs if I took them according to my doctor’s orders?  The answer is simple. In Ohio, you can get a DUI / OVI for prescription drugs if you drive while under the influence and despite taking your medication as prescribed. At Gounaris Abboud, LPA, we understand your frustration with Ohio’s OVI law. Our experienced DUI prescription drugs defense lawyers have fought for our clients successfully in hundreds of OVI cases. Contact our firm today to learn more about how we can help you. What Is the Ohio Prescription Drug OVI Law? Driving under the influence (DUI) and operating a vehicle while intoxicated (OVI) mean the same thing under Section 4511.19 of the Ohio Revised Code. In the pertinent part, Section 4511.19 says that no person shall operate a motor vehicle while under the influence of alcohol, drugs, or both.  In Ohio, there are two ways a person could be convicted of OVI. The first is driving under the influence of alcohol, drugs, or both. The second is driving with an illegal amount of alcohol, drugs, or a combination of the two in your system. This is called the “per se” law. However, most people call it, “the legal limit.” Driving Under the Influence Under the first theory of OVI, the police must rely on their observations to determine if someone is driving under the influence. For instance, an officer will note: How the person is driving; Whether the person is alert and awake or drowsy; The presence or absence of the smell of alcohol; If the driver could locate documents easily like a driver’s license or proof of insurance; Whether the driver caused a crash; Witness statements; The driver’s ability to follow directions;  The driver’s admission to drinking alcohol, taking drugs, or both; and  The driver’s performance on field sobriety tests. All these factors play a role in determining whether a driver is under the influence.  How Can the Police Tell If Someone is Under the Influence of Prescription Drugs? Ohio’s implied consent law mandates that a person who is arrested for OVI has to take a chemical test. The chemical test could be a breathalyzer, whole blood test, plasma blood test, or urinalysis. Breathalyzer tests help officers figure out if someone is under the influence of alcohol. However, a breathalyzer test might only tell part of the story. As a result, Ohio law allows testing of a person’s whole blood or blood plasma to see if the person has alcohol, certain illegal drugs, or illegal drug metabolites in their system. (A drug metabolite is a chemical the body produces after taking certain drugs.) Conversely, there is no DUI blood test for prescription drugs in Ohio.  A urine test might yield evidence of a prescription drug. However, Section 4511.19 makes no reference to a per se limit of prescription drugs, unlike alcohol and other drugs of abuse. As a result, a judge might not accept urinalysis as “per se” evidence in a prescription drugs OVI prosecution.  The police can use their observations and chemical test results to prove DUI of prescription drugs. For example, suppose police pull over a person for weaving all over the road. The driver might be sleepy, incoherent, and have trouble with field sobriety tests. The officer might have to determine whether the person is just tired or has consumed something that impairs their ability to drive. The officer might send the driver for a blood test after an arrest to see if the person has alcohol and drugs in their system. Test results could show a combination of substances that could prove the driver was under the influence.  How to Fight a DUI Charge for Prescription Drugs Section 4511.19(k) indicates that a person who takes certain drugs according to the dose prescribed by their doctor cannot face prosecution for OVI drugs. Experienced and skilled DUI prescription drugs defense attorneys understand how to attack a OVI drugs case to give their clients the best chance to avoid a conviction. Every case is different. The best defense for you depends on the individual facts of your case. Notwithstanding, our OVI defense lawyers have handled numerous cases successfully by: Arguing the police violated your rights; Contesting expert evidence to show that a jury will be confused by it or the expert is testifying to junk science; Convincing a jury or judge that the prosecution did not prove its case beyond a reasonable doubt; or Entering plea negotiations with the prosecutor to minimize your legal liability. Talking with a knowledgeable OVI defense lawyer immediately can help you determine your best course of action.  Call Gounaris Abboud, LPA, Today for More Information About How Can You Get a DUI for Prescription Drugs Remember that a conviction for OVI requires at least three days in jail, fines, fees, and mandatory license loss. In this difficult situation, experience matters. You can count on the award-winning and AVVO top-rated OVI defense lawyers from Gounaris Abboud, LPA to give you the best chance of obtaining a favorable result. Contact us at 937-222-1515 to talk with our Ohio SuperLawyers today. 

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OVI charges

Ohio OVI laws regarding marijuana are strict because driving while high is dangerous. Even if you don’t feel “high,” any amount of marijuana you consume may affect your ability to drive safely. Like alcohol, marijuana use slows reaction times, impairs judgment, and reduces concentration levels. Some studies suggest that a person driving while high on weed may be twice as likely to be involved in a car crash. Police in Ohio know this and are on the lookout for people driving while high. If you face charges of driving under the influence of marijuana, then you need a tough and experienced Ohio DUI lawyer to fight your charges. At Gounaris Abboud, LPA., our DUI defense attorneys have over 50 years of combined legal experience. We have won dismissals or reduced penalties for hundreds of our DUI clients. We tailor our defense strategy to your needs to give you the best chance of achieving a favorable result. Can You Get an DUI for Weed? Even though Ohio has not legalized marijuana for recreational use, Ohio residents can get medical marijuana with a prescription. Since medical marijuana is legal, you might be wondering, Can you get a DUI for weed even if you have a medical marijuana card? The answer is quite simple. Under Ohio law, operating a vehicle under the influence of alcohol or drugs (OVI) is a crime. Therefore, the police can charge you with OVI if they have probable cause to believe that you are under the influence of alcohol, drugs, or both.  Officers receive extensive training on identifying intoxicated drivers. They learn to look for signs of intoxication such as the person’s driving pattern, manner of speech, ability to follow instructions, performance on field sobriety tests, and other factors.  Officers may know pretty quickly when someone might be under the influence of alcohol. One of the first things that an officer may notice is the smell of alcohol from the driver’s breath. That’s often the first indicator that someone is drunk driving. But what happens if someone shows signs of intoxication but there is no odor of alcohol on the person? Drug Recognition Experts Law enforcement agencies in Ohio started programs to help officers better identify people who are driving while high. The Ohio State Police now use the Drug Recognition Expert (DRE) program as a tool to identify people driving under the influence of drugs.  The DRE program trains officers on the typical indicators of a person impaired by drugs, including marijuana. Once they complete the training, DREs can assist other officers at accident scenes or investigations of persons suspected of OVI.  Field sobriety tests are one of the investigative tools DREs use. Field sobriety tests might help DREs conclude that a person is under the influence of a drug like heroin or prescription pills. However, field sobriety tests are unreliable when investigating someone for driving while high on weed.  Experts studied field sobriety tests to determine if they could detect someone under the influence of marijuana. The analysis showed that standard field sobriety tests could not detect a person who is high on weed accurately. That means field sobriety tests are useless to determine if someone is under the influence of marijuana while driving. Therefore, a knowledgeable OVI defense lawyer can make a strong argument to keep a DRE’s opinion of intoxication out of evidence at trial. Chemical Testing for Marijuana Ohio is one of a handful of states that have a per se law for alcohol as well as marijuana and other drugs. By now, most people understand that driving with an alcohol concentration of 0.08% or above is a crime, even if you show no signs of intoxication. The same is true for marijuana, except that there is no breathalyzer test for marijuana. Instead, the police obtain either a blood sample or a urine sample from the suspect. Laboratory technicians then test the specimens.  Under Ohio law, a person operates a vehicle under the influence of marijuana when they have 10 nanograms of marijuana per milliliter of urine or two nanograms per milliliter of marijuana in their blood.  Additionally, police can charge you with OVI if you have a marijuana metabolite in your blood or urine. A marijuana metabolite is the by-product of marijuana in your system after your liver begins to break it down. Tests can detect marijuana metabolites up to five days after ingestion or longer, depending on the test. You could face an OVI charge for having 35 nanograms of marijuana metabolite per milliliter of urine or 50 nanograms per milliliter of blood. Additionally, the law allows you to be charged with OVI if you have 15 nanograms of marijuana metabolite in your urine or five nanograms of marijuana metabolite in your blood and are under the influence of alcohol or another drug at the same time.  How Can Gounaris Abboud, LPA, Help You with Your OVI Marijuana Charges? OVI marijuana charges are difficult to defend against. That’s why you need legal help from an experienced and dedicated legal team. At Gounaris Abboud, we have the knowledge and resources to defend your rights. We also understand how much an OVI charge can disrupt your life. Not only are you facing jail time, you face the social consequences of an OVI charge as well.  Our lawyers use their extensive experience and develop a defense strategy catered to your best interests. We can challenge the police’s actions at the scene and the scientific evidence to ensure you get the best result possible.  Contact the award-winning OVI defense lawyers with Gounaris Abboud, LPA, today at 937-222-1515 to learn about your options. We offer free confidential initial consultations and are available 24 hours a day to answer your questions. 

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  • 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 defense lawyer. If you’re ready to start your OVI defense, contact the experienced team at Gounaris Abboud today. 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...

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  • January 18, 2020
  • OVI
dui expungement ohio

In Ohio, OVI/DUI 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 Ohio criminal defense attorneys today for a free legal consultation. 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. ✓ Our firm has achieved dismissals and penalty reductions for hundreds of people. ✓ We have more than five decades of combined experience to use in your defense. ✓ We have hundreds of 5-star reviews. ✓ We offer free, non-committal consultations. 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 DUI 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. Contact Gounaris Abboud 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. Talk to an Ohio DUI Attorney 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.  Below, we discuss OVI’s in Ohio and if and when they can turn into felonies. Is an OVI a Felony in Ohio? That depends. An 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 the Ohio criminal defense attorneys at Gounaris Abboud, LPA today. A lawyer will help protect your rights. IS AN OVI A FELONY IN OHIO FAQ When is an OVI a Felony in Ohio? OVI is a felony when the accused has committed prior OVI offenses. Whether an OVI is a felony depends on the number of prior offenses and the time in which they occurred. 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. 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. IS AN OVI A FELONY IN OHIO FAQ What Are the Penalties for a Felony OVI In Ohio? The penalties for an OVI in Ohio depend 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 the 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 no option for the court to order jail time instead. Additionally, the court can impose a prison sentence of 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 of 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. Were you recently charged with an OVI? If you were recently charged with an OVI text us the details   Text Us on Mobile For Free Case Analysis IS AN OVI A FELONY IN OHIO FAQ What Will Happen in Court for a Felony OVI in Ohio? 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 bonds 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. An 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 Contact an Ohio OVI Defense Attorney Today Felony OVI is a serious charge with serious consequences.  To protect your freedom and avoid hefty...

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