Driving Under the Influence/
Operating a Vehicle Under the Influence
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How Serious is a DUI/OVI conviction in Ohio?
A conviction can carry serious, long-term consequences for your job, personal life, and peace of mind. In the short term, it can mean a license suspension, raised insurance premiums, large fines, and even mandatory jail time. In the long-term, a conviction for is a permanent blemish on your record, as it cannot be expunged or even sealed. It can also affect immigration status and limit employment opportunities. Although a first-offense is a 1st degree misdemeanor, several convictions within a specified period of time can make subsequent violations a felony.
This area of law is among the most complex in Ohio criminal law. Whatever you do, hire a lawyer for such a case.
How could I be charged?
In Ohio, it is illegal to operate a vehicle while “under the influence” of alcohol/drugs. There are two ways in which you may be found to be operating a vehicle while “under the influence.”
- One is that you are found to be “impaired” by whatever you consumed. This charge involves an officer’s assessment of your ability to handle a vehicle after you consume alcohol or drugs (“impaired”).
- On this second one, you can be charged if you are found to have a prohibited amount of alcohol/drugs in your system. This one is called a “per se” charge, meaning that the amount alone is enough to charge you, even if your driving doesn’t appear to have been affected. It involves a chemical test of breath, urine, or blood to determine the amount of alcohol/drugs in your system.
Thus, there are two ways that you could be charged. You can be charged with one or both of these, but you can be convicted/sentenced on only one.
“Impaired”
This charge involves an officer’s assessment of a driver’s ability to handle a vehicle after consuming alcohol or drugs. An officer will rely on training and experience to determine whether there is probable cause to conclude you committed the violation. The officer will consider such things as:
- Your ability to properly drive the vehicle prior to the officer stopping you. The officer will look at, for example, whether you straddled lanes, swerved, hit curbs, cut people off, ran a stop sign, etc.
- Your demeanor once the officer makes contact with you, including your ability to answer questions. An officer might ask, for example, where you are going, where you’re coming from, and whether you’ve been drinking. These questions will likely come at the same time as the officer asks for your license, insurance, etc, as the officer tries purposely to divide your attention.
- Any odor of alcohol emanating from your person or the vehicle, as well as any open containers or drug paraphernalia.
- Whether you sway or must touch the vehicle for balance.
- The results of any Standard Field Sobriety Tests you consent to (e.g., walking the line, standing on one foot, etc.)
- The results of any chemical tests of your breath, urine, or blood
“Per se”
Here, the officer will rely solely on the results of any chemical tests you may take (breath, urine, blood). The statute sets limits for the amount of alcohol or drugs that can exist in your body while you drive a vehicle. For example, if you are of legal drinking age and your “blood alcohol level” (BAC) is .08 or above, you can be charged, even if you don’t feel “under the influence.”
Note: There are penalties for refusing to take a chemical test. See below.
What are the penalties for a first offense conviction?
- Jail time
- Minimum of 3 days in Jail (this can be avoide w/ DIP; see below)
- Maximum of 180 days in jail (1st degree misdemeanor)
- Fines (+ costs)
- Min. of $565
- Max. of $1,075
- Driver’s license suspension of 1 – 3 years
- Yellow plates
- Maybe ignition interlock on your vehicle (must breathe into a device to start your vehicle)
- Note: a conviction does not automatically mean you will go to jail, as the min. three days can be replaced by taking the Driver Intervention Program (DIP). If you take it, the judge should suspend the rest of the jail time.
The penalties described directly above are for a first offense conviction only. Charges and penalties can be complicated by such things as:
- Accident (harm to persons or property)
- Prior DUI/OVI convictions (each conviction will make any subsequent charge/sentence harsher)
- CDL
- High BAC test (“blood alcohol level” of .17 or above)
- If you are not of drinking age, the cut off for BAC is only .02 (not .08).
- Refusal to take a chemical test (see below)
- See a very complicated “cheat-sheet” crafted by Judge Jennifer P. Weiler for the various possibilities
What if I refuse to take a chemical test?
If you refuse a chemical test, an arresting officer can immediately suspend your license through the Bureau of Motor Vehicles. This is because the law states that when you drive on public roadways within the state, you give “implied consent” to take a chemical test when an officer has reasonable grounds to ask you for one.
Prior refusals and prior OVI convictions can complicate the charges and penalties for any subsequent refusal and/or conviction. Refusals and convictions are cumulative (the more you get, the worse it is for you), and the State typically looks back 10 years.
This area of law is also very complex, so you should speak to an attorney with specific questions.
Note: “Implied consent” does not apply to the roadside tests, such as: walking a straight line, standing on one leg, etc. The consent is implied only for the chemical tests (e.g., blood tests, breathalyzer).
Are there alternatives to a conviction?
Often, yes. The first step would be to plead “not guilty.” That will allow us time to review the prosecution’s evidence for weak spots. Because DUI/OVI is one of the most complicated areas of Ohio law–requiring law enforcement officers to follow specific directives–it is possible to find any number of mistakes or holes in the process used to charge you. One example would be if the officer failed to properly perform any of the sobriety tests that may have been used to charge the driver. A mistake can mean the test is inadmissible in court (“thrown out”), which would weaken the State’s case.
If the case proceeds, an experienced attorney may stil be able to negotiate a much less serious charge, such as “reckless driving” or “physical control of a vehicle while under influence.” Conviction on these offenses is usually preferable, as they carry lesser penalties and less social stigma than a DUI/OVI
How can Attorney Tovanche help me?
Avoiding a conviction of any sort would be the over-arching approach. There are any number of ways to look at the large variety of charges listed above. Because the law requires the State to prove exactly what the statute prohibits, there are many ways to undermine the State’s case. For example:
- Was the stop of your vehicle legal? If there was no legal basis for the stop, we might get a dismissal altogether.
- Was the Standard Field Sobriety Test (e.g., walking a straight line) conducted appropriately?
- Was any chemical test (e.g., breathalyzer; blood test) done appropriately? Did officers secure the results and transfer them through a traceable chain of custody?
- Was there any reason you might have appeared to be under the influence but weren’t? For example, did you have any medical conditions or injuries?
- Was the arrest legal? Was it performed legally?
What if a conviction seems likely?
First, remember that a case that seems like a “slam dunk” for the prosecution may not actually go very far. We’ll look at the whole picture to see whether dismissal is possible, from the very beginning. If not, and a conviction seems likely, I will tell you so. In that case, I would work with you to lessen the impact on your life by negotiating a plea deal and arguing for the best sentence under the circumstances.
It’s possible you may still be able to:
- Avoid jail time
- Secure driving privileges
- Avoid placement of yellow plates or interlock on your vehicle
Second, remember that for most people, a conviction is not “the end of the world.” It is certainly a serious matter, but in most cases by far, clients are able to eventually move on with their lives.