Driving Under the Influence/

Operating a Vehicle Under the Influence

How Serious is a DUI/OVI conviction?

A conviction for DUI/OVI in Ohio 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 DUI/OVI 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 DUI/OVI is a 1st degree misdemeanor, several convictions within a specified period of time can make subsequent violations a felony.

Ohio OVI law is among the most complex areas of criminal law. Whatever you do, hire a lawyer for such a case.

Click here for the Ohio DUI/OVI statute

How could I be charged with DUI/OVI in Ohio?

In Ohio, it is illegal to operate a vehicle while “under the influence” of alcohol/drug. It is also a separate offense to operate a vehicle with a certain amount of alcohol/drugs in your system. Thus, there are two ways that you could be charged with DUI/OVI. One involves an officer’s assessment of a driver’s ability to handle a vehicle after the driver consumes alcohol or drugs (“under the influence”). The other involves chemical testing of breath, urine, or blood to determine the amount of alcohol/drugs in your system.

“Under the Influence”

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

“Per se”

Here, the officer will rely solely on the results of any chemical tests you may take (breath, urine, blood). Ohio law sets limits for the amount of alcohol or drugs that can exist in your body while you drive a vehicle. The DUI/OVI statute lists a multitude of substances and their various amounts prohibited. For example, if your “blood alcohol level” (BAC) is .08 or above, you can be charged with DUI/OVI, even if you don’t feel “under the influence.”

Note: Although you can be charged and convicted of both, you can be convicted of only one.

Are there alternatives to a conviction for DUI/OVI?

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 the DUI/OVI. 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 “phyisical 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.

What are the penalties for a DUI/OVI conviction?

• First Offense (1st degree misdemeanor)
  • Jail time
    • Minimum of 3 days in Jail (DIP possible; see below)
    • Maximu of 180 days in jail
  • Fines (+ costs)
    • Min. of $565
    • Max. of $1,075
  • Driver’s license suspension of 1 – 3 years
  • Yellow “DUI plates”
  • Ignition interlock on your vehicle (must breathe into a device to start your vehicle)
• Complicating factors can include:
  • Prior convictions for DUI/OVI (each conviction will make any subsequent charge harsher)
  • Prior refusal of chemical test
  • Accident in this case (harm to persons or property)
  • CDL
  • High BAC test (“blood alcohol level” of .17 or above)
  • Underage consumption (under 21)
• See “Ohio Impaired Driving Law–Types of Offenses,” by Judge Jennifer P. Weiler

Does a convition mean automatic jail?

Not always. In some cases, it’s possible that the mandatory minimum jail time can be replaced by taking the Driver Intervention Program (DIP).

Click here for the Ohio Dept. of Behavioral Health website on DIP.

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 DUI/OVI 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.

Will I have to go to trial? (click here)