Injured? We Can Help
DUI/OVI Charges In Cuyahoga County
Whether you are involved in your first drunk driving incident or your second or third DUI offense, it's critical to have a skilled Strongsville DUI attorney to help you through the litigation process. At Godinsky Law LLC, we believe that each client deserves a compassionate yet aggressive legal team that fights for you when facing a criminal charge in Cuyahoga County. We understand how stressful a DUI charge can be. Hiring an OVI defense attorney in Parma, Olmsted, or anywhere else in the Cleveland area is just another layer of stress for most people. That's why we offer a free consultation to all of our clients so that you can learn about our firm and how we can help you. Chris Godinsky has extensive experience handling a wide variety of drunk driving matters for individuals throughout Cleveland and Cuyahoga County.
What's The Difference Between DUI And OVI?
DUI stands for "driving under the influence". A DUI is charged when an individual is found behind the wheel while under the influence of drugs or alcohol. For a person to be charged with a DUI in Cuyahoga County, it must be determined that their blood alcohol concentration (BAC) is over the legal limit of 0.08. A DUI is normally charged as a misdemeanor but can be increased to a felony if the car accident results in property damage, injuries, or the death of another person. DUI is a term that is common in many states, however, it is no longer used in Ohio.
OVI stands for "operating a vehicle under the influence". For all intents and purposes, DUI and OVI are the same, the difference is that Ohio has decided to use OVI as its official terminology for the offense. If a person is behind the wheel while under the influence of drugs or alcohol and has a BAC greater than 0.08, they can be charged with an OVI in Cuyahoga County. Ohio defines a “drug of abuse” in ORC 4506.01, which states a drug of abuse is any controlled substance, any dangerous drug, or any over-the-counter medication that can impair judgment and reflexes when taken in higher doses. One key differentiation between DUI and OVI is that a person can be charged with an OVI even if they are not actually operating the vehicle. For example, If you are found sitting in a parked or idling car while impaired, you can be charged.
Penalties For DUI/OVI In Ohio
Drunk driving charges are serious no matter what state you reside in, however, Ohio has especially strict penalties for those who have been charged an OVI. Unlike other states where license suspension for a DUI will vary, if you're convicted of an OVI in Ohio, you will lose your driver's license. The length in time that you license is revoked depends upon the severity, and details, of your arrest. Furthermore, you will lose your license immediately if you refuse to take a field sobriety test (FST) or if the breathalyzer result is higher than the legal limit of 0.08% BAC. In more serious cases, Ohio police can seize your license plates and your vehicle if you have multiple arrests for OVI in Ohio.
First OVI Offense Within A 10 Year Period
Second OVI Offense Within A 10 Year Period
Third OVI Offense Within A 10 Year Period
Fourth OVI Offense Within A 10 Year Period
Administrative License Suspension (ALS)
If you have refused any chemical testing for an OVI in Ohio, your driver's license will automatically be suspended, also known as an administrative license suspension. An ALS will occur if a driver refuses chemical testing of the blood, breath, or urine. A person whose license has been suspended has 30 days to request a hearing to review the suspension. This suspension is different from a license suspension after an OVI conviction. An ALS is civil in nature and used only for chemical testing refusals, whereas a suspension upon an OVI conviction is a criminal penalty.
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 DUI/OVI Charges In Ohio
Contrary to common belief, DUI convictions are not final. There are many strategic defenses that your Strongsville OVI attorney can deploy to help get charges reduced or dropped altogether. Godinsky Law LLC has years of experience and countless success stories from those facing DUI charges. The key is to find the weak spots in a prosecutor’s argument and build a custom defense strategy to refute their claims and ultimately get your charge dismissed or your penalties mitigated. With skilled legal representation, you may have a chance at putting your drunk driving charge behind you and moving on with your life.
The prosecution has the burden of proving beyond a reasonable doubt that you were driving under the influence. There are many ways that DUI allegations can be voided, but each case is different from the next. Although the specific defense strategy for your case will require more information, there are some common strategies that a Strongsville DUI defense attorney can use to fight these types of charges.
An Unlawful Stop
Police must have proper grounds to make an initial traffic stop. If the police officer did not have a reasonable articulable suspicion that you were committing a crime or traffic violation when he or she pulled you over, then the stop was illegal and the resulting arrest unlawful. A Strongsville OVI lawyer at Godinsky Law LLC will request the police report and body/dash camera footage, 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 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.
Chemical Tests & Implied Consent Law In Ohio
During a DUI stop, you will likely be required to take a breathalyzer test. If the device reveals that you have a BAC at or above 0.08%, you will be arrested for a DUI. However, it's worth nothing that the preliminary breath test results cannot be admitted to court in Ohio because portable breath test devices are known to be very inaccurate and unreliable. Although you are not legally required to submit to a breathalyzer test, refusing to submit to field sobriety tests and a roadside breath test will not stop you from being arrested if the officer believes you are intoxicated. Not to mention, under Ohio’s implied consent law, ORC 4511.191, when you operate a vehicle or are in physical control of a vehicle, you have been deemed to have given consent to a chemical test(s) of your blood, breathe, or urine to determine the presence of alcohol or drugs if you are arrested for a drunk driving violation.
Field Sobriety Test Refusals
If you refuse a breathalyzer test, you may face a criminal charge separate from a DUI charge. You also face administrative penalties for refusing, such as your driver's license being revoked. However, if you refuse a warrantless blood test, you may only face civil consequences. You may not be charged with a crime for refusing to submit a blood test for a warrantless request. After an OVI arrest in Cuyahoga County, it's important to meet with a Strongsville OVI lawyer as soon as possible and explain the details of your arrest. Together you and your attorney can determine the best plan of action for your case.
Annie's Law In Ohio
When charged with driving while under the influence of drugs or alcohol in Ohio, you could face a license suspension and jail time. In 2017, a new law was passed called “Annie’s Law”. This law increased mandatory minimum sentences and broadened the scope of repeat offenders. The amount of time between previous OVI convictions that stay on someone’s record and count towards future arrests was extended from six years to ten years. Annie’s Law also added the option to fit a vehicle with an ignition interlock device, which can allow drivers to continue using their vehicles and cut down the amount of time their license is suspended for. This law was in response to the death of a woman who had been struck by a drunk driver with multiple OVI convictions. Lawmakers felt it was time to take action.
Frequently Asked Questions
If you've been arrested for an OVI in Cuyahoga County, there are generally two processes that will initiate. The first is the administrative process, which is concerned with whether your driver's license will be suspended or not. The second is the criminal process, which is carried out to determine if you're guilty of an OVI offense. Following an arrest, your first move should be to contact an experienced Strongsville OVI attorney.
An Ignition Interlock Device, also know as an IID, is similar to a breathalyzer. In order to start your vehicle, you must breathe into the device and prove that you BAC is below .02 to start your vehicle. If your BAC is above .02 percent, the vehicle will not start. Furthermore, the IID also requires random tests while the vehicle is in motion.
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.
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
It may be possible to have your DUI/OVI charges dismissed if your constitutional rights were violated during the police stop. As mentioned earlier, there are numerous defense strategies that can be used to combat the charge. For example, evidence such as breath or blood tests could be open to challenge. Every DUI case is different and should be carefully evaluated before you make a decision about your plea. Contact Godinsky Law LLC today and speak with our Strongsville DUI attorney for a free case evaluation.