Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with a first-time DUI / OVI offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC. Attorney David Johnson will discuss the details of your case, how to protect your ability to drive and fight the charges against you. Contact Johnson Legal, LLC by calling (614) 987-0192 or sending an email to schedule a consultation.
DUI / OVI Under Ohio Law
A first DUI (known as “OVI” in Ohio) is typically a 1st degree misdemeanor. DUI / OVI occurs, pursuant to 4511.19 of the Ohio Revised Code, when a person operates a motor vehicle while under the influence of alcohol, a controlled substance, or a combination of both, or the person’s blood alcohol concentration (BAC) is over 0.08.
Many people charged with a first DUI / OVI offense have never been charged with a prior criminal offense before, but a DUI / OVI can significantly impact a person’s future. For example, in addition to possible jail and fines, the person can be subject to probation and community service, ignition interlock device installation on their vehicle, a mandatory driver’s license suspension, and increased automobile insurance rates.
While many misdemeanors can be negotiated down to a fine, community service and court costs, many prosecutors vigorously pursue DUI / OVI offenses and seek at least the minimum statutory penalties. Thus, it is essential that you hire an experienced DUI / OVI attorney to represent you in your DUI / OVI case.
Penalties for a First DUI / OVI Offense in Ohio
A first DUI / OVI offense is typically a 1st degree misdemeanor. However, the prosecution may seek to increase the charges based on serious bodily injury to another person or property damage resulting from the offense. The penalties for a first DUI / OVI offense are as follows:
- A first DUI / OVI conviction carries a maximum 6 months in jail, with a 3 day jail sentence being mandatory. Additionally, a person with a high BAC will have higher minimum penalties and can be required to attend a driver’s intervention program.
- The court will impose a fine of $375 – $1075.
- In lieu of the 3 day mandatory jail sentence, the court may require the driver to attend a driver’s intervention program. If there was a high BAC, the court may require the person to attend both the driver’s intervention program and spend 3 consecutive days in jail.
- The court, in its discretion, may require an ignition interlock device be placed on the person’s automobile.
Ohio Driver’s License Suspension for DUI / OVI
Pursuant to ORC 4510.02, a person convicted of a first DUI / OVI is subject to a class five driver’s license suspension. This means that the court will suspend your driver’s license for a period of 1 – 3 years. However, under 4510.021, the court may allow limited driving privileges for employment, educational, medical and purposes. Moreover, the court may require the person to take a driver’s license exam, alcohol or drug treatment, or a remedial driving course before the court will reinstate the person’s driver’s license.
Administrative License Suspension for DUI / OVI in Ohio
Ohio is an implied consent state. The implied consent law mandates that a person must agree to blood, breath or urine testing if an officer suspects them of drunk driving. Refusing to agree to these tests dictates an administrative license suspension. This suspension is automatic. In addition, if you refusal to submit to a chemical test and you have a prior DUI / OVI within 20 years of the new DUI / OVI, you will be charged with a separate offense called DUI / OVI Test Refusal. This offense carries a mandatory jail sentence that is dependent upon the number of prior DUI / OVI convictions and test refusals.
A person who’s license has been suspended has 30 days to request a hearing to review the suspension. The person may also petition the court for limited driving privileges for educational or employment reasons.
Additional Ohio DUI / OVI Information
For more information, consult Johnson Legal, LLC’s DUI / OVI blog.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been arrested for a first DUI / OVI offense in the Columbus or Delaware, Ohio areas, contact Johnson Legal, LLC to discuss your case. Attorney David Johnson is an experienced Columbus and Delaware, Ohio DUI / OVI attorney who will speak with you about the facts of your case and vigorously defend you and your ability to drive. Don’t face the serious consequences and repercussions of a DUI / OVI charge alone. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation.
Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County, Madison County and Delaware County