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OVI/DUI Defense Attorney in Columbus, Ohio
If you’ve been arrested for driving under the influence, call the Law Office Of Joshua Hall right away. Our attorneys are highly experienced with OVI/DUI law in Columbus, OH. An arrest for OVI/DUI is a serious matter that requires competent legal defense. On the line are the revocation of your driving privileges and, depending on the severity of the offense, possible jail time. You need the skilled legal representation we provide to help improve your chances in the courtroom.
Protect Your Rights with Our OVI/DUI Defense Attorneys
Our aggressive OVI/DUI defense attorneys work hard to protect you from the steep fines and penalties that follow OVI/DUI convictions. We have the knowledge and resources to fight for a more favorable outcome in your case. Whether your particular charge is categorized as a misdemeanor or a felony, you receive our full legal support. Protect your finances, freedom, and driver’s license by scheduling a consultation with us today.
Defense Attorneys for OVI/DUI Charges
A OVI/DUI arrest is a frightening experience. However, your charges don’t necessarily mean you will be convicted. Our experienced OVI/DUI attorneys know how to capitalize on any discrepancies in your case. We look for details such as:
Whether the Arresting Officer Followed Protocol
Conditions that Interfered with the Breathalyzer’s Accuracy
The Date When the Breathalyzer Was Last Calibrated
OVUAC (Operating a Vehicle Underage after Consumption)
You can expect our thorough attention to all of the details in your case. We maintain transparent communication with you so that you are always up to date on the latest proceedings. Additionally, we always give you our honest advice and opinions. Make sure you have the defense you deserve, and call us today.
If you’ve been arrested for driving under the influence, contact us. We proudly represent clients in Columbus, OH.
What You Should Know about OVI Penalties for First-Time Offenders
What are the financial sanctions for a first-time OVI conviction?
If you plead guilty or are convicted of a first OVI (operating a vehicle under the influence) offense, the judge may fine you a minimum of $375 and a maximum of $1,075. In addition, you will have to pay a driver’s license reinstatement fee of $475. Finally, if the judge sentences you to attend a Driver Intervention Program, there will be a cost associated with that program as well.
Might I go to jail if I am convicted of a first OVI offense?
If you are convicted of being impaired or testing between a .08 and .17 BAC (blood or breath alcohol content), the judge may sentence you to three days in jail or three days in a Driver Intervention Program. A Driver Intervention Program is a 72-hour drug and/or alcohol treatment program that has been approved by the court.
If you are convicted of testing above a .17 BAC or refusing a breath test while having a prior OVI conviction in the past 20 years, the judge may sentence you to six days in jail or three days in jail and three days in a Driver Intervention Program.
How will my driver’s license be affected if I am convicted of a first OVI offense?
A judge will issue a Class Five license suspension upon your conviction for a first-time OVI offense. A Class Five suspension can range anywhere from six months to three years. However, you will be eligible for occupational driving privileges 15 days from the date of your arrest. Occupational driving privileges may include travel to and from school if you are a student.
If you are convicted of having a BAC above .17, the judge may require you to install yellow license plates on your car or to have an interlock device installed in your vehicle before driving privileges will be granted. An “interlock” requires you to blow into a device on your steering wheel to ensure that you have not consumed alcohol before starting your vehicle.
In Ohio, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are grouped under the umbrella heading of Operating a Vehicle under the Influence (OVI).
Ohio OVI and OVAUC Defined
Whether you are charged with an OVI or a OVAUC is dependent upon on your age. If you are under 21 years old and found driving with a BAC above the legal limit you will be charged with Operating a Vehicle After Underage Consumption (OVAUC). Those over the legal drinking age of 21 years old, and CDL drivers, who drive with a BAC over the legal limit are charged with Operating the Vehicle Impaired (OVI).
You can be charged with an OVI or OVAUC if your minimum BAC is:
21 years old or older - 0.08%.
Driving a commercial motor vehicle - 0.04%.
Younger than 21 years old - 0.02%.
Chemical Testing
Unlike many other states Ohio has additional rules for chemical testing. This not only covers blood and urine testing but also portable breath testing devices known as PBTs. In Ohio you can legally refuse a chemical test and/or opt to pay for one of your own. There are also some circumstances in which you cannot refuse a chemical test.
In order to understand the different laws we encourage you to read the Ohio Department of Public Safety OVI Interdiction Handbook.
OVI and OVAUC Penalties
Penalties for OVI or OVAUC are steep. Not only will you have to face criminal charges but you will also have to deal with penalties given by the Bureau of Motor Vehicles (BMV). These penalties are known as Administrative License Suspensions or ALS. These penalties are separate from any charges.
ADMINISTRATIVE PENALTIES
Under ALS laws your license can be suspended by law enforcement on behalf of the BMV if you fail or refuse a chemical test. The suspension periods are different depending on whether you refused a test or failed a test and were charged with a OVI or OVAUC:
OVI
In addition to the suspension you will have a minimum of 6 points applied to your license.
1st offense driver's license suspension: 90 days.
2nd offense (within 6 years) driver's license suspension: 1 year.
3rd offense (within 6 years) driver's license suspension: 2 years.
4th offense (within 6 years) driver's license suspension: 3 years.
OVAC
In addition to the suspension you will have a minimum of 4 points applied to your license.
1st offense driver's license suspension: mandatory minimum 90 days up to 5 years.
Refuse Test
In addition to the suspension you will have a minimum of 6 points applied to your license.
1st offense driver's license suspension: 1 year.
2nd offense (within 6 years) driver's license suspension: 2 years.
3rd offense (within 6 years) driver's license suspension: 3 years.
4th offense (within 6 years) driver's license suspension: 5 years.
Number of offenses for refusal can have any previous charges within 6 years be for either previous refusals, OVI charges or a combination of both.
If you choose, you can appeal your ALS suspension. You must do so at your first appearance in court or within 30 days of your first appearance. If you appeal the prosecuting attorney in this jurisdiction will act on behalf of the BMV. You'll have to prove at least one of the following:
The officer did not have reasonable grounds of suspecting OVI.
The officer did not request that you take the blood alcohol test.
The officer did not tell you the consequences of refusing or failing the test.
You did not refuse or fail the test.
Keep in mind that even if you prove any of these, the court may still suspend your license if it is deemed that you are a threat to public safety.
CRIMINAL PENALTIES
If you are found guilty of an OVI offense you can face jail time, heavy fines, court ordered substance assessment and extended license suspension. For each OVI offense within a period of 6 years the penalties increase dramatically.
1st Offense with a BAC between 0.08% and 0.17%:
Mandatory imprisonment: 72 hours OR court ordered driver intervention program.
Fine: $375 to $1,075.
License suspension: 6 months to 3 years (Possibility of restricted driving privileges).
2nd offense within 6 years with a BAC between 0.08% and 0.17%:
Imprisonment: Mandatory minimum 10 days to maximum of under 6 months or combination house arrest with alcohol monitoring and imprisonment.
Fine: $500 to $1,625.
License suspension: 1 to 5 years.
Vehicle impounded: 90 days.
Court ordered Drug/alcohol assessment.
3rd offense within 6 years with a BAC between 0.08% and 0.17%:
Imprisonment: Mandatory minimum 30 days to maximum of under 1 year or combination house arrest with alcohol monitoring and imprisonment.
Fine: $850 to $2,750.
License suspension: 2 to 10 years.
Required Drug/alcohol treatment.
Any charge with a BAC over 0.17% will carry longer imprisonment and possible additional charges. If you have more than 3 offenses in a period of 6 years you are looking at a felony charge of OVI. Not only does the imprisonment time increase but the fines can reach upwards of $10,500 and you can be hit with additional charges based on your number of past offenses.
Also, if you are caught driving while under any sort of suspension, you will face additional penalties.
Even if you have never been convicted of an OVI offense, do not let anyone who you know is under suspension use your vehicle. If you do, you could face suspension as well. For more information on OVI criminal penalties check out the Swift & Sure Ohio's OVI Laws brochure by the Department of Public Safety.
Habitual Offender Registry
As soon as you total 5 convictions or more for OVI (or equivalent) within 20 years, you'll be listed on the Habitual OVI Registry. At least 1 conviction must be after the law went into effect on September 30th 2008.
Being on this list allows the public to see your name, date of birth, home address, and your OVI convictions. Your information remains on this list until you no longer have 5 convictions for OVI within the past 20 years.
Reinstating Your License
It will be up to the court whether you will be allowed to have restricted driving privileges at any time during your suspension. This applies to both ALS or court driver's license suspensions.
After your suspension period is over you will be required to fulfill all of your penalties both from the courts and any from the BMV.
You will have to pay a license reinstatement fee. This fee is based on your date of conviction and the number of convictions you've incurred. The reinstatement fee has a range of $100 to $600 with extra fees for everything from not surrendering your license in a certain period of time to random selection fees.
Driving under OVI suspension or driving under suspension without insurance
The court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing for:
Driving under OVI suspension First offense:
3 days jail time, with possible house arrest 30 days - 6 months;
Fine: $250 - $1,000;
Class 7 Suspension not to exceed one year;
Impoundment for 30 days of plate and immobilization of vehicle for 30 days.
Second offense:
10 days jail time, with possible house arrest 90 days to one year;
Fine: $500 - $2,500;
Class 7 Suspension not to exceed one year;
Impoundment for 60 days and plate impoundment for 60 days, if vehicle operated at time of offense is in offender’s name.
Third or more offenses within 6 years:
30 days jail time, with no option of house arrest;
Fine: $500 - $2,500;
Class 7 Suspension not to exceed one year;
Vehicle forfeiture/Immobilization: criminal forfeiture of vehicle, court may fine offender the value of the vehicle.
Driving under FRA suspension
First offense: - no more than 30 days jail time; - Class 7 Suspension not to exceed one year.
Second offense: - 60 days jail time; - Class 7 Suspension not to exceed one year.
Third offense: - Forfeiture; - Class 7 Suspension not to exceed one year.
NOTE: For multiple OVI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender. Vehicle forfeiture Permanent loss of vehicle shall be ordered by the court for any of the following which occur within five years:
Third and felony offense of OVI
Third or more offense of Driving Under Suspension (DUS) for OVI or Driving Under Suspension for Financial Responsibility (FRA)
First offense of driving a vehicle that is immobilized and plates impounded
Wrongful entrustment
A vehicle can no longer be seized, immobilized or forfeited unless it is registered in the driver’s name. However, a person who loans a car to someone who that person knows or has reason to believe should not be driving can be held criminally liable for wrongful entrustment may face:
up to 180 days of jail time
may receive one-year driver license suspension
30 days immobilization or impoundment
Class 7 suspension
Vehicle forfeiture
ADMINISTRATIVE LICENSE SUSPENSION
Penalties and Fines
ALS Overview
Administrative License Suspension (ALS)
If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of .08% Blood Alcohol Concentration (BAC), the officer can take your driver license on the spot, and the suspension begins immediately.
If you refuse a test, your license is suspended as follows:
1st refusal (within six years) - one year
2nd refusal (within six years) - two years
3rd refusal (within six years) - three years
4th and subsequent refusal (within six years) - five years
The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for an OVI offense.
1ST OFFENSE
ALS for 90 days for .08% or higher BAC.
For BAC between .08% and .17%, mandatory 72 hours in jail, unless court orders participation in a driver intervention program.
For BAC over .17%, mandatory 72 hours in jail and 72 hours driver intervention. If driver intervention program can be done at the jail, and the driver refuses to attend the intervention program, or would not benefit from the program, then the driver will receive a six-day jail term. Court must also order alcohol/drug assessment and require treatment, if warranted.
$375 - $1,075 fine
Court license suspension for six months to three years, with possible driving privileges.
2ND OFFENSE WITHIN SIX YEARS OF FI RST
ALS for one year for .08% or higher BAC.
For BAC between .08% and .17%, mandatory minimum 10-day jail term, or combination of jail and electronically monitored house arrest with alcohol monitoring. Jail time must be less than six months. Court must also order alcohol/ drug assessment and require treatment, if warranted.
For BAC over .17%, mandatory minimum 20-day jail term, or combination of jail and electronically monitored house arrest with alcohol monitoring. Jail time must be less than six months. Court must also order alcohol/drug assessment and require treatment, if warranted.
$500 - $1,625 fine
Court license suspension for one to five years.
Vehicle impounded for 90 days.
3RD OFFENSE WITHIN SIX YEARS OF FIRST
ALS for two years for .08% or higher BAC.
For BAC between .08% and .17%, mandatory minimum 30-day jail term or combination of jail and electronically monitored house arrest. Jail time must be less than one year.
For BAC over .17%, mandatory minimum 60-day jail term, or combination of jail and electronically monitored house arrest. Jail time must be less than one year.
$850 - $2,750 fine
Court license suspension for two to 10 years.
Driver will commence a treatment program.
4TH OR 5TH OFFENSE WITHIN SIX YEARS OF FIRST, OR 6TH OFFENSE WITHIN 20 YEARS OF FIRST FELONY OF THE FOURTH DEGREE
Felony conviction
ALS for three years for .08% or higher BAC.
For BAC between .08% and .17%, court may impose a local incarceration of 60 days, or imprisonment. Local incarceration may be greater than 60 days, but no more than one year. Imprisonment can be increased to six months but less than 30 months.
For BAC over .17%, court may impose a local incarceration of 120 days or imprisonment.
$1,350 - $10,500 fine
Court license suspension for three years to life.
A person can also be charged with a separate specification of having previous convictions. If convicted of this specification, the person can be imprisoned for one to five years.
SECOND FELONY
ALS for three years.
For BAC of .08% to .17%, court shall impose 60-day prison term, up to five years.
For BAC over .17%, court shall impose 120-day prison term, up to five years.
$1,350 - $10,500 fine
Court license suspension for three years to life.
Driver’s vehicle is subject to criminal forfeiture.
Driver will commence a treatment program.
APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION
A person who has been arrested for drunk driving and whose license has been suspended can appeal the suspension. The ALS must be appealed at the initial appearance or within 30 days after the initial appearance. The scope of appeal is confined to four issues:
Was the arrest based on reasonable grounds?
Did the officer request the person to take a test?
Was the violator made aware of the consequences if he/she refused or failed the test?
Did the person refuse or fail the test?
NOTE: A court may still issue a suspension even if the appeal is granted if the court finds the person a threat to public safety.