If you choose to submit information via chat, email, contact form, text message, or phone call, you agree that an attorney from Gounaris Abboud may contact you for a consultation as a potential client. Our client was charged with an OVI after being involved in an auto accident on slushy roads and testing over the legal limit. Request a pretrial. In Ohio, what many states call a DUI charge (for driving under the influence of alcohol or drugs) is usually called an OVI (operating a vehicle impaired), but despite the different name, the consequences - ranging from fines to jail time to license suspension - are just as serious. Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. After our client was charged with a traffic citation and an OVI, we aggressively argued her case with the State and were able to obtain a dismissal of the OVI charge, saving our client from high points, jail time, having to attend a drivers intervention program and from any license suspension. We obtained a dismissal of the OVI charges by showing that driving slow is not an offense unless other traffic is impeded. Although our client was charged with an OVI after the police claimed he provided an over-the-limit breath test, we obtained a dismissal of his OVI charges with him pleading to a traffic citation instead. Invalid due to a lung or breathing condition prevented you from giving a large enough sample. As such, any DUI conviction will stay on your criminal record for the rest of your life. Also of note, if law enforcement obtains the defendant's blood test results from a hospital where the driver received treatment, but the officer or agents failed to obtain a proper warrant to get those results, this can present a serious challenge to the OVI charge in court. Fourth offense: the charge is now a felony, which could . Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. However, through researching the reports and body cam, and through negotiations with the prosecutor, we achieved an agreement to dismiss the OVI in exchange for a plea to a non-moving violation with no license suspension, no points to her license, no jail, and no drivers intervention program. This saved her from a license suspension, a driver's intervention program and jail, probation, high points to her driving record and an OVI on her record. September 7, 2021. We represented our client for OVI charges and achieved a dismissal of the charges through intensive negotiations with the prosecutor. OVI charges dismissed against our client, saving them from a license suspension, points to their license and high fines. Second Lifetime OVI with Refusal Dismissed: Our client was charged with a second lifetime OVI and a refusal. All rights reserved. Virtually all Ohio colleges and universities have the power to discipline their students for a DUI . Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. Bradley Groene made an exceptionally difficult situation much easier to handle. Oops! If you were recently charged with a crime text us the details. For a first-time felony OVI, penalties include: A fine of between $1,350 and $10,500. For any license suspension, you will need to apply with the Ohio BMV and pay areinstatement feeof $475. Begin Your Defense Today: (614) 444-1900 What's an OVI Arrest? If you are facing drunk driving or OVI charges, you cannot rely on expungement post-conviction. If you've been charged with DUI/OVI and need help, call us at (513) 338-1890 or fill out our online contact form to schedule a free . How to Get Your Ohio Driver's License Back After an OVI/DUI The ability to get your driver's license back after an Ohio OVI will vary based on what happened in the underlying case. A state trooper initiated an investigation at the hospital and ultimately charged our client with an OVI and performed a urine test that came back with positive results. In Ohio as elsewhere, implied consent laws mean that when motorists apply for a driver's license, they consent to take sobriety tests. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. Stopped you without a reasonable and articulate basis to believe that a law has been violated. I can not thank them enough!" This resulting in an immediate return of his license. Despite showing some signs of impairment and damage to his vehicle, he submitted to a breath test that showed no alcohol. Once a charge is expunged, the record is sealed to the public and shouldnt appear on a criminal background check. If you have been charged with any crime in Hamilton County, contact the Cincinnati criminal defense attorneys with LHA today for a free, initial consultation. The state, however, failed to provide the urine test results until five days before the trail. Our client was a CDL driver, who had only 90 days to resolve a license suspension imposed as a result of an OVI, else he would lose his union job. Our client was charged with a second-time OVI and a high tier test reading. He is very professional and informative and easy to talk to and he explains concerns very well. ALS Vacated - CDL and Job Saved After OVI Charges: Our client held a commercial driver's license (CDL) for his employment. Drunk driving charges are some of Ohios most common criminal offenses. Took the time to help me think this case through. If you have chosen to hire an attorney and fight the charges filed against you, a "not guilty" plea will be entered. We couldnt be more thankful for their services. "Doris, "I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. It defines OVI and sets out the per se limits of alcohol, drugs, and drug metabolites than can be present in a person's breath, blood, or urine before they are considered "impaired". As the law firm of Gounaris Abboud, LPA, of Dayton and Springboro point out, improperly calibrated or improperly administered testing equipment, such as breathalyzers, blood tests or urine tests, may not yield admissible evidence in court. He is adept at helping his OVI DUI clients reach their legal goals in a timely and efficient manner. "Chris, "Brian and his colleague John were incredibly helpful and supportive. License suspension of up to 7 years (45-day minimum) If you have been charged with your second DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following: Monetary fines of over $1,000. They agreed to dismiss the charges. In addition to the denial of benefits, I also lost two rounds of appeals. If your license has been suspended in Ohio but you don't actually live there, you can petition for limited driving privileges at either the Franklin County Municipal Court or the court in charge of the area where the incident occurred. Even if a defendant has blown an above-the-limit BAC (blood alcohol concentration) breath test, they're still just facing an OVI charge, which is not yet a conviction. She agreed to plead to a non-moving citation instead, saving herself from a year-long license suspension and high points to her license. Negotiations with the prosecutor and discussions with the judge resulted in a dismissal of the drug possession and paraphernalia charges and an agreement to reduce the OVI to a simple motor vehicle equipment violation, saving our client from high fines, high points to his license, disqualification from student aid, a license suspension and other implications. Reach us by phone, email, or online 24 hours a day. The first step to beating a DUI charge is to obtain an attorney who regularly and successfully practices DUI defense. A police officer initiated a traffic stop after allegedly receiving a telephone call reporting an impaired driver. A felony OVI in Ohio carries 60 days in local jail up to 1 year with an additional 6-30 months in prison. Administrative License Suspension Appeal Won: When a person is arrested for an OVI and either refuses to take a chemical test or takes a test and the result is over-the-limit, they are immediately placed under an administrative license suspension. For instance, the Fifth Amendment of the Bill of Rights protects Americans from making incriminating statements against themselves, meaning that manipulation or coercion from the officer at the time of the OVI arrest can be a serious legal weapon against the prosecution. Here are some legal defenses that may apply to your case. As a freelance writer and small business owner with a decade of experience, Dan has contributed legal- and finance-oriented content to diverse sources including Chron, Fortune, Zacks.com, Motley Fool and MSN Money, among others. Important in this case was an argument about the State Trooper prolonging the detention to investigate an OVI with little evidence of an OVI, and the Trooper's claim that our client's speech was slow and slurred despite the video showing clear, articulate and responsive speech. After finding himself arrested and subjected to a breath test that read over the legal limit, our client hired us to defend him. Through extensive preparation and negotiations, we reached an agreement with the prosecutor to dismiss the OVI charges with a plea to a non-moving citation instead, which saved our client for a year-long license suspension, points to his license and the implications of an OVI conviction on future job opportunities. Your attorney may be able to work with the prosecutor to secure a spot in one of these programs. Affected by medical problems or medical conditions, Not conducted in accord with mandatory protocols, as required by the. As a result, he was charged with a traffic citation and a hit-and-skip charge. It was such a nice process. If you are ruled not guilty of a crime or the charges are dismissed, you can always have an arrest removed from the record in Ohio. Please contact us at the number above if you do not have a case number. The difference between the two; there's no real correlation in being impaired and .08. Section 4511.191 of the Ohio Revised Code states that the police officer must advise the person at the time of arrest that if they refuse to take the test, the police officer may use any reasonable means necessary to cause them to submit to said test. The evidence in an OVI case can be some of the most complex and specialized evidence as compared to any other criminal case, and you need a lawyer that has experience understanding that complex evidence. Our client was involved in a physical altercation with another individual after she found herself charged with first-degree misdemeanor Assault with potential penalties including a $1,000 fine, six-months of jail and the obvious negative implications of having such a conviction on her record. Driver's License Suspension for a First OVI Anyone convicted of a first DUI/OVI in Ohio will face a class five driver's license suspension under Ohio Rev. After obtaining discovery material from the state and thoroughly researching the allegations, we met with the prosecutor and reached an agreement that included a dismissal of the domestic violence charges. Our client was charged with an OVI. This type of OVI felony conviction usually carries a prison term of . The potential challenges, however, get more specific to OVI issues. They had to pay Ohio $475, because Ohio sent to Texas a block on their license. It's always worth it to fight with the help of . "Debra, "Great law firm. After our client was charged with an OVI, we obtained a copy of the police reports and videos that showed very few signs of impairment. When a driver is convicted of their first OVI in Ohio, they face a 3-day minimum jail sentence, up to a possible maximum of 6 months. Regardless of the punishment, you dont want a DUI hanging over your head as you apply for jobs and proceed throughout life. Avoid Volunteering Information Through extensive investigation, we raised evidentiary issues regarding the case and obtained an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead. An OVI charge is not something you want to handle on your own. Smith also notes that some mistakes made by law enforcement at the time of the traffic stop may be leveraged by the defendant's attorney to challenge the charge. While an OVI conviction may not be possible to expunge, that doesnt mean that a DUI arrest in Ohio automatically condemns you to a criminal record. Fines of $375 to $1,075. We addressed the issue that he was charged under the wrong statute through extensive negotiations and legal briefs. You also won't be able to look at the evidence against you. After experiencing a flat tire, our client found the police arrive to put him through field sobriety tests and have him submit to a breath test that resulted in a high reading. If you have been charged with an OVI (operating a vehicle under the influence of alcohol or drugs), contact us today for a free consultation to discuss how we can protect your record, your license and your rights. The traffic stop resulted an OVI charges that would have brought a mandatory one-year license suspension and the potential for jail time. Ohio Revised Code Section 4511.19. Log in. After an argument erupted between our client and his girlfriend, he found himself charged with domestic violence. Ohio law recognizes both OVI and DUI charges though, If you've been charged with driving under the influence (DUI), it means that you've allegedly been found to have driven with a blood alcohol content of 0.08 percent or higher (or 0.2 percent if you're under 21). 1. Despite the fact that the police obtained a breath test showing our client over the legal limit, though negotiations an agreement was reached to dismiss the OVI charges with our client pleading instead to a non-moving citation. We presented evidence that he may have been experiencing a medical issue, and as a result the OVI charges were dismissed with him pleading to just a non-moving citation. Through leveraging missing information in the police reports and explaining how the medical condition could have affected the officer's interpretation of events, we obtained a dismissal of the OVI charges. If the results of the test show that the driver's blood alcohol concentration is .08 or greater, the officer will charge the suspect with a "per se" DUI/OVI. As a result of these challenges, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. Through researching her case and analyzing the reports, video and testing results, we raised several legal arguments for her that lead to a dismissal of all of these charges, with her instead pleading to a non-moving violation. This saved our client from jail, points to her license, a lengthy license suspension, and the impact to her job. When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd-degree felony, depending on the circumstances of your arrest and your prior criminal history. As a result, we not only saved our client from an OVI conviction but we also protected his CDL and his livelihood. We obtained an agreement to dismiss the charges with her pleading to a non-moving citation instead. How serious is a DUI? As a veteran criminal defense attorney in the area, he can help you with every aspect of your defense, including assessing your options to protect your future. My job fired me unjustly and they help me get my unemployment back. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. OVI Charges with Urine Test Results Dismissed: After our client was involved in an auto accident, he found himself arrested and charged with an OVI. After being stopped for having a license plate light out, our client found herself subjected to field sobriety tests, placed under arrest, given a breath test, and charged with an OVI. By doing so, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation instead. And Luftman clarifies that the Fourth Amendment, originally written to protect homes from warrantless search and seizure, does indeed apply to vehicles based on court precedent. Our client was charged with an assault after an altercation, during which the police relied entirely on the other person's version of events. As a result, the OVI charges were dismissed with our client entering a plea to a non-moving citation instead. That knowledge and his decades of experience will be your greatest asset. As such, similar to the Miranda rights, officers are required to read the implied consent warning before administering a breathalyzer or blood test. At your arraignment, you must enter a plea of guilty or not guilty. They were meticulous and extremely experienced in helping to turn the situation around. The review or use of information on this site does not create an attorney-client relationship. This means the court will impose a mandatory driver's license suspension for a definite period ranging from six months to three years. We know what to expect and what to do to get the best result possible. Posted By The Meranda Law Firm LTD. Operating a vehicle while under the influence of drugs or alcohol (OVI) charges are taken very seriously in Ohio and, depending on the severity of the case, can be punishable with high fines and possible jail time. In Ohio, DUI (driving under the influence) is generally referred to as "OVI" (operating a vehicle under the influence). Something went wrong while submitting the form. You could be in jail for three to six months and pay a fine of $375 to $1,075. As a result, an agreement was reached to dismiss the OVI charges. Jennifer, "Beat Walmart unemployment case! Call Attorney. This saved him from a year-long license suspension and potentially saved his job and protected his military career. The police arrived at our client's home after the accident and charged her with an OVI because they believed she had drinks. By proceeding with great care, we were able to reach a dismissal of the OVI charge, saving our client from a year-long license suspension and high points to her license. This charge carried with it a mandatory license suspension, a fine of up to $1,000 and up to six months of jail. Mr. Willison has been working as a Columbus Ohio OVI DUI attorney since the late 1990's. He is very familiar with the OVI DUI process and with the local bench. I would recommend this company to anyone i know!!" . DUI Diversion Programs in Ohio However, after extensive negotiations an agreement was reached to dismiss the OVI, with our client agreeing to a non-moving citation instead, preventing a year-long license suspension and points to his driving record. That depends. Instead, she simply paid a small fine. However, by raising evidentiary issues regarding proof of his operating a vehicle and taking other proactive steps, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. This means you could now qualify. The penalties change depending on the specific type of OVI you were charged with, whether you tested or refused, and the number of prior OVI offenses you have within 10 or 20 years. Ultimately, an agreement was reached to dismiss the OVI charges with our client pleading instead to a non-moving traffic citation. Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. For example, somebody from Texas got an OVI in Ohio. Read More: How to Get a DUI Removed From Your Driving Record. We used this evidence to push forward in obtaining a dismissal of the OVI charges. The Ohio Judicial Conference published a Motion to Suppress Checklist, which shows some of the issues a judge will be evaluating during a suppression hearing. When our client was charged with an OVI, we worked diligently with the prosecutor and court to obtain a dismissal of the OVI charges as well as getting his administrative license suspension vacated to save his job and CDL. . In situations like this, a common tactic is for the defendant to plead guilty to a lesser offense than an OVI, such as reckless operation of a motor vehicle. For Ohio operators over the legal drinking age of 21, Blood Alcohol Content (BAC) must not exceed 0.08%, and for those under 21, the limit is 0.02%. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. These results will be used against you in court to try to prove your level of impairment has been impacted. Study the discovery responses for areas to challenge. This saved our client from high points to his license, a license suspension and high fines. Our client was pulled over after a caller made a tip and he found himself ultimately charged with an OVI after providing an over-the-limit test. Our client was charged with an OVI after a traffic stop in the winter during which she agreed to perform field sobriety tests in her socks as opposed to her boots. You may also be liable to pay a fine of between $300 and $1500. Second in 10 OVI, Two Attempted Drug Possession Charges, and Drug Paraphernalia Charge Dismissed: Our client was charged with a second-in-ten OVI as well as two first-degree misdemeanor drug possession charges and a drug paraphernalia charge after a police officer initiated a traffic stop due to an alleged marked lanes violation.