Understanding First OVI Penalties In Ohio
Believe it or not, a vast majority of OVI arrests in Ohio involve a driver with no prior criminal record. Under Ohio law, first-time DUI/OVI offenders are those who have not had an OVI conviction within the prior 10 years (or 20 years for persons with OVI convictions who refused a chemical test). For many, this is your first OVI charge and you're likely stressed and confused about what comes next. First things first, if you've been arrested for a first-time DUI/OVI, it's crucial that you speak with an experienced OVI defense attorney as soon as possible. At Godinsky Law LLC, we represent clients throughout Cuyahoga County including Strongsville, Medina, North Royalton, Parma Heights, and more. Call our office today for a free consultation with attorney Chris Godinsky to tell us more about your case and to learn more about your legal options moving forward.
First DUI/OVI Charges In Ohio Defined
It's important to understand that if you're arrested for an OVI, you will not be subject to the first OVI penalties in Ohio unless you've been convicted. However, if arrested for OVI, there can be administrative consequences—such as license suspension and fees—regardless of whether you're convicted of OVI in court. In Ohio, driving under the influence is generally referred to as "OVI" (operating a vehicle under the influence). You can be convicted of OVI if you've been caught operating a vehicle:
Criminal Penalties For First OVI In Ohio
A first OVI offense in Ohio is considered a first-degree misdemeanor. If convicted, you will face a mandatory jail sentence of at least three days, but the potential maximum prison sentence is six months. Although a judge may decide to suspend the mandatory three-day jail sentence and instead require the offender to attend a drivers’ intervention program that will address issues such as traffic safety and drug and alcohol abuse. Participation in an intervention program may also be ordered alongside a jail sentence. A full list of the potential first OVI penalties in Ohio can be found below:
Administrative Penalties For First OVI In Ohio
If you're lawfully arrested for a first-time OVI and it's proven that your BAC is over the legal limit, the arresting officer will immediately confiscate your license, and you'll be subject to an administrative license suspension from the Ohio Bureau of Motor Vehicles. Below are the potential administrative penalties you could face for a first OVI offense in Ohio.
BAC Over The Legal Limit
If your blood test reveals that you had a BAC of .08% or more, or your urine test shows an alcohol concentration of .110 or more, the Ohio Bureau of Motor Vehicles will suspend your driver's license for one to three years upon conviction. However, after a 15-day "hard suspension" you may be eligible for a restricted license, depending on the circumstances of your case. An experienced DUI defense attorney in Cuyahoga County will know how to best approach a hard suspension and lobby for your driving privileges.
Refusal Of A Chemical Test
Although not legally required, if you refuse to submit to a chemical test after being pulled over and suspected of OVI, you will be in violation of Ohio's "implied consent" law. If you refuse chemical testing your driver's license will automatically be suspended for one year, regardless of an OVI conviction. Once again, with the right legal defense strategy, you may still be eligible for a restricted license, but your hard suspension will last for 30 days instead of 15 days like in the previous scenario.
Restricted Driver's License
Following completion of the hard suspension period, you and your OVI/DUI defense attorney can apply to the court for a restricted driver's license. The judge can grant limited driving privileges with requirements that might include restricted hours, special offender license plates, and any other conditions the judge finds appropriate. The judge can also grant unlimited driving privileges if you agree to install an ignition interlock device (IID). However, it's important to understand that the judge is not required to grant you these privileges. That's why it's imperative to have a skilled and aggressive Ohio criminal defense attorney to represent your case. At Godinsky Law, we've handled countless DUI/OVI cases and have the resources and experience you need for a favorable outcome in your case.
Additional Consequences For First OVI In Ohio
Unfortunately, there are additional penalties for your first OVI/DUI conviction in Ohio. These consequences can have a negative impact on other areas of your life apart from the established criminal and administrative penalties. These additional consequences can include the following:
What Is Mayor's Court?
Ohio is unique in the sense that it is the only state that utilizes Mayor’s Courts. In these courts, the mayor or magistrate of the residing town will hear your case. Therefore, if you’ve been arrested for an OVI in Strongsville, Ohio, your case may end up in the Strongsville Mayor’s Court instead of a nearby Municipal Court. If you’re confused about how these court systems work and which option will provide you with the best chance for the optimal outcome in your OVI case, we can help. Chris Godinsky is a veteran when it comes to the many Cuyahoga Courts. Call Godinsky Law LLC today to speak with our Strongsville DUI defense attorney or learn more about the different courts in Cuyahoga, Medina, Lorain, and Summit Counties by clicking the button below.
Learn More About Cuyahoga County Mayor's Courts
Benefits Of Mayor's Court For OVI Cases
You can always ask for your case to be heard in a Cuyahoga County municipal court, however, there are certain benefits associated with having an OVI case heard in Mayor's Court. For example, if you don't like the outcome of a Mayor's Court hearing you can appeal that decision in a municipal court. This essentially gives you and your OVI lawyer a second chance at the municipal court level, so you don’t lose anything for having tried Mayor’s Court first.
Another benefit is the familiarity between local attorneys and tendencies that certain Mayor's Courts have when it comes to OVI rulings. Chris Godinsky is a frequent visitor to nearby Mayor's Courts when representing clients and has extensive knowledge about how they typically handle OVI cases and what outcome you can expect. Mayor's Court can potentially provide your Strongsville OVI defense attorney with more freedom to negotiate, especially if you do not have a lengthy criminal history or anything that would indicate that you’re likely to make the same mistake again.
What To Do If You're Pulled Over For A DUI/OVI
If you have been pulled over on the suspicion of drunk driving in Cuyahoga County, it's very important to have a basic understanding of your legal rights and take the proper steps to protect yourself. We often see clients that unintentionally damage their own case by making serious mistakes in the hours and days following a DUI/OVI traffic stop. If you're pulled over, it's critical to keep the following in mind:
Defenses To First OVI Charges In Ohio
Contrary to common belief, DUI convictions are not final. The prosecution has the burden of proving beyond a reasonable doubt that you the accused was driving under the influence. There are many ways that a first OVI offense in Ohio can be voided, but no two cases are alike. Although the specific defense strategy for your case will require more information, there are some common strategies that an OVI defense lawyer can use to fight these types of charges.
Unlawful Stop
In order for a police officer to conduct a traffic stop, they must have proper grounds to do so. Therefore, if the police officer did not have reasonable suspicion that a motorist was committing a crime or traffic violation when he or she pulled you over, then the stop was illegal and the resulting arrest unlawful. A recent ruling out of Clermont County, Ohio in the case of State v. Turner confirmed this defense. The Ohio Supreme Court ruled in favor of the defendant due to an unlawful stop. At Godinsky Law LLC we will request the police report and body/dash-camera footage of your OVI arrest, to determine whether you violated a traffic law or exhibited other behavior that would justify the traffic stop.
Improper Field Sobriety Test
There are multiple ways to attack the validity of Ohio Field Sobriety Tests. The police may not have had legal grounds to ask you to perform the test. There can also be environmental factors that jeopardize the test’s validity. Most notably, the National Highway Traffic Safety Administration (NHTSA) sets regulations for the Field Sobriety Tests, which police must follow for the test to be valid. The types of field sobriety tests used in Ohio include:
Improper Breathalyzer Test
An experienced Strongsville first OVI defense attorney may be able to challenge how the breathalyzer test was administered, the accuracy of its results, whether the particular equipment functioned properly, whether the breathalyzer was certified, or whether the equipment underwent proper maintenance.
Police Failed to Read Miranda Rights
If you were not read your Miranda Rights at the time of arrest, then anything you said after the arrest or while in custody will not be admissible. Although uncommon, there are plenty of instances where an individual was not clearly read their Miranda Rights, and as a result, voids the validity of the traffic stop.
Frequently Asked Questions
The specific circumstances in your case will ultimately determine the consequences, but most first-time OVI offenses in OVI are charged as a first-degree misdemeanor. Although the penalties of a conviction mean a minimum of 3 days and a maximum of 6 months in jail and paying between $375 and $1,075 in fines. It is possible to avoid jail time with a skilled DUI defense attorney representing your case.
If your alcohol level is a .17 or above, or .238 (two hundred thirty-eight thousandths) or above in the urine, then you may be arrested for a high test DUI. This is more serious than a low test DUI because the penalties are stricter.
Being convicted of an OVI or DUI charge in Cuyahoga County can be a life-altering experience. Many are concerned about their future, their ability to work, and their freedom following a DUI arrest. Luckily, an experienced Strongsville DUI attorney can help you build a strong defense for your case and present you with the best possible outcome. At Godinsky Law LLC, we focus on several factors in your arrest like why you were stopped, why you may have been tested, or if the tests were conducted properly. Contact us today for a free consultation and allow us to review your case.
Installation fees cost between $200 and $300, while monthly maintenance costs between $100 and $200. There is also a fee for removing the device once you serve your suspension period.
Contact A Strongsville OVI Defense Attorney Today
If you've been arrested for drunk driving in Cuyahoga County, Godinsky Law LLC can provide you with experienced legal representation and help you better understand how you can defend against these OVI charges. Our first OVI defense attorney will work with you to determine whether the OVI charges brought against you can be reduced or dismissed altogether. The first OVI penalties in Ohio can be harsh, but there are legal methods that can be leveraged to minimize the consequences. If you or a loved one are facing similar charges, contact Chris Godinsky at Godinsky Law LLC today for a free consultation and to learn more about how we can help.