OVI / DUI is a serious offense. Being convicted of such a crime can damage your future, resulting in a loss of driving privileges, fines, and even loss of employment in some cases. You cannot afford to go through this time without a trusted Cincinnati DUI defense lawyer!
Our staff at Patituce & Associates lawyers has decades of combined experience and includes former prosecutors. We know that Ohio enforces serious penalties for OVI, which is why our firm provides aggressive representation. We are here to protect your rights and your future.
What Is the BAC (Blood Alcohol Content) Limit in Ohio?
O.R.C. section 4511.19 contains Ohio’s drunk driving law. This section details the legal limits for the blood alcohol content (BAC) of a person in control of a vehicle. Your BAC should be within the legal limit if you intend to drive.
- 0.08% is the BAC limit for drivers above 21 years.
- 0.02% is the BAC limit for drivers below 21 years.
- You face enhanced penalties if your BAC is over 0.17% percent.
What Are the Penalties for DUI in Ohio?
The penalties for DUI in Ohio depend on the specifics of the case, including the driver’s blood alcohol content (BAC) at the time of the offense, whether anyone was injured or killed, and whether the driver has any prior DUI convictions.
Here is a general overview of the penalties that may be imposed for a DUI in Ohio:
- First OVI – Minimum of 3 days in jail or an alcohol abuse program, and over a thousand dollars in fines
- Second OVI – Minimum of 10 to 20 days in jail, up to 6 months in jail. Fines may reach up to $1,625.
- Third OVI – Minimum of 30 to 60 days in jail, maximum of 1 year. Fines can be as high as $2,750, in addition to payment for an alcohol treatment program. Your license may be lost for 2 – 10 years.
- Fourth OVI – 60 to 120 days in jail, with a possible maximum of 1 year. Fines from $1,350 up to $10,500. License suspension for 3 years up to a lifetime ban.
These are just general guidelines, and the actual penalties that may be imposed in a particular case can vary. If you have been charged with a DUI in Ohio, you should consult with a Cincinnati DUI defense lawyer to understand the specific charges and potential penalties that you may be facing.
What If I Refuse a Breathalyzer Test in Cincinnati?
If you refuse to take a breathalyzer test, your driver’s license can be suspended for a year. This is because Ohio has an implied consent law, which means that by getting a driver’s license, you have agreed to take a chemical test if asked to do so by a law enforcement officer.
If you have a prior DUI conviction or if you have refused to take a chemical test in the past, you may face harsher penalties for refusing to take a breathalyzer test.
The good news is that the refusal to submit to a breathalyzer test makes it exponentially more difficult, in most cases, for the prosecutor to convict you and have you subjected to all of the harsh penalties associated with a DUI. A skilled DUI defense attorney can use your refusal as a great tool in defending you.
What Is a Felony DUI in Ohio?
Under Ohio law, you will be charged with felony DUI if you have been convicted of 3, 4, or more DUI offenses within the previous 10 years or 5 DUI convictions within the previous 20 years or have another felony on your record.
Felony DUIs are generally more serious and carry more severe penalties, including longer jail sentences and larger fines. If you are charged with a felony DUI in Cincinnati, an experienced criminal defense attorney can advise you on your options and help you build the best defense possible.
Even if you think that your case is difficult or that you have no chance of winning, an experienced attorney may be able to identify legal defenses or other strategies that can help you achieve a more favorable outcome.
You should consult a Cincinnati DUI defense lawyer right away if you are being charged with a DUI felony. While navigating a DUI charge can be tricky, it is not impossible to beat these charges with the help of a skilled DUI attorney.
What Are Common Defenses in DUI Charges in Cincinnati?
There are several common defenses that may be raised in a DUI case, depending on the specific circumstances of the case. Here are some of the most common defenses.
Lack of Probable Cause for the Traffic Stop
In order for a police officer to pull a driver over and conduct a DUI investigation, the officer must have probable cause to believe that the driver has committed a traffic violation or that the driver is under the influence of alcohol or drugs.
If the officer did not have probable cause to stop the driver, any evidence obtained during the stop (including field sobriety tests and a breathalyzer test) may be excluded from the case.
Faulty Breathalyzer Test
Breathalyzer tests are not always accurate, and they can be affected by a variety of factors, including the type of machine used, how the machine was calibrated, and the operator’s training. If the defense can show that the breathalyzer test was unreliable or that it was not administered properly, the test results may be excluded from the case.
Other Explanations for the Driver’s Behavior
The prosecution must prove that the driver was under the influence of alcohol or drugs at the time of the offense. If the defense can provide an alternative explanation for the driver’s behavior (such as being tired or sick), it may be able to undermine the prosecution’s case.
Miranda Rights Violations
If the police did not properly advise the driver of their Miranda rights (the right to remain silent and the right to an attorney) before questioning the driver or administering a breathalyzer test, any statements made by the driver or test results may be excluded from the case.
These are just a few examples of the types of possible DUI defense strategies in Cincinnati. The specific defenses that may be available in your case will depend on the facts and circumstances of your case.
How Can a Cincinnati DUI Defense Lawyer Help Me?
If you have been charged with a DUI in Cincinnati, a DUI lawyer can help you in a number of ways. Some of the ways that a Cincinnati DUI lawyer can help you include:
Evaluating the Evidence Against You
A DUI lawyer will review the facts of your case and the evidence that the prosecution has against you. This can help you understand the charges against you and the potential penalties that you may be facing.
Identifying Legal Defenses
An experienced DUI lawyer will be able to identify legal defenses that may be available to you based on the facts of your case. These defenses may include challenging the probable cause for the traffic stop, arguing that the breathalyzer test was faulty, or raising other issues with the prosecution’s case.
Negotiating With the Prosecution
In many cases, a DUI lawyer can negotiate with the prosecution to try to get the charges against you reduced or dismissed. This may involve negotiating a plea bargain or challenging the prosecution’s evidence in court.
Representing You in Court
If your case goes to trial, a DUI lawyer will represent you in court and argue your case before a judge or jury. This can include cross-examining the prosecution’s witnesses, presenting evidence on your behalf, and making legal arguments to support your defense.
Advising You on the Best Course of Action
A DUI lawyer will be able to advise you on the best course of action based on the facts of your case and your goals. This may include negotiating a plea bargain, going to trial, or seeking a dismissal of the charges against you.
Overall, a Cincinnati DUI lawyer can provide you with the legal representation and guidance that you need to navigate the criminal justice system and protect your rights.
Contact Our DUI Lawyers in Cincinnati Today!
Being charged with DUI / OVI should not be taken lightly. Our Cincinnati OVI / DUI attorneys know how to thoroughly defend clients in the courtroom. We strive to obtain the best possible for our clients, whether this is their first offense or their third.
As the lawyers who judges, prosecutors, and police officers turn to when they face legal trouble, we give our clients assurance and peace of mind. Our team at Patituce & Associates has decades of experience.