DUI / OVI / OMVI LAWS: Under the Ohio Revised Code, a drunk driving charge can be referred to as a DUI (Driving Under the Influence of alcohol), or OVI (Operating a Vehicle while Intoxicated), or OMVI (Operating a Motor Vehicle while under the Influence, Impaired, or Intoxicated). Ohio Laws make it illegal to operate a motor vehicle with a specific level of alcohol in your system: namely .08% of BLOOD ALCOHOL CONCENTRATION (BAC) as determined by a breath, blood, or urine test. These are called per se offenses, and they have nothing to do with whether or not the alcohol, or drug, or both, appreciably impaired your ability to drive a motor vehicle. They are based purely on your BLOOD ALCOHOL CONCENTRATION (BAC). However, DUI / OVI /OMVI laws also make it a crime to operate a motor vehicle while having any amount of alcohol or drugs or combination of drugs and alcohol that impairs your physical or mental abilities to an appreciable degree . This offense does not require proof of any specific amount of alcohol in your system; therefore, evidence of a breath, blood, or urine test will not be necessary to be convicted of this offense. Only evidence of "appreciably impaired" driving will be needed. "Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and "appreciably impaired" the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what affect the alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an "appreciable degree" his ability to operate the vehicle, the person was under the influence. Ohio drunk driving arrests entail two (2) separate cases: (1) The Ohio Bureau of Motor Vehicles Case: your driving privileges are suspended and are not reinstated until you pay a reinstatement fee; and (2) The Court Case: the Judge hearing your case will impose a mandatory jail period, mandatory fines; mandatory license suspension; and mandatory classes; possible impounding of license plates; immobilization or forfeiture of the vehicle, or even seizure of your vehicle. DUI / OVI / OMVI PENALTIES: 1. Administrative License Suspension (ALS) by the Ohio Bureau of Motor Vechicles: • If you REFUSE to take the breathalyzer (or BLOOD OR URINE) test, the officer will take your driver's license on the spot, and the ADMINISTRATIVE LICENSE SUSPENSION (ALS) will begin immediately. • If your test results exceed the Ohio legal limit (.08%) of BLOOD ALCOHOL CONCENTRATION (BAC), the officer will take your driver's license on the spot, and the ADMINISTRATIVE LICENSE SUSPENSION (ALS) will begin immediately. • Depending on your previous offenses or refusals, your license will be suspended AUTOMATICALLY for a period of 90 days to five (5) years by the Ohio Bureau of Motor Vehicles. This is called the ADMINISTRATIVE LICENSE SUSPENSION (ALS). • This ADMINISTRATIVE LICENSE SUSPENSION (ALS) is imposed by the Bureau of Motor Vehicles, so it is independent of any jail term, fine or other criminal penalty that will later be imposed by the Judge assigned to hear your case. 2. The Trial Court: 1st Offence in 6 YEARS: • Jail: Minimum of three (3) consecutive days (Alternate Sentence: a 3-day driver intervention program with Probation); • Fine: Minimum $200 and not more than $1,000; • Court License Suspension: 6 months to 3 years; • Occupational Driving Privileges: After 15 days; • Restricted Plates: Optional; • Vehicle immobilization and plates impounded: Optional; • BMV Reinstatement Fee: $425.00 •3. Trial Court: 1st Offense in 6 YEARS, And High level test, Or any prior refusal within 20 years: • Jail: Minimum of three (3) consecutive days And a 3-day driver intervention programwith Probation (Alternate Sentence: 6 days in jail-Up to 6 months); • Fine: Minimum $200 and not more than $1,000; • Court License Suspension: 6 months to 3 years; • Occupational Driving Privileges: After 15 days; • Restricted Plates: Mandatory for a high level test; • Vehicle immobilization and plates impounded: Optional; • BMV Reinstatement Fee: $425.00 •4. Trial Court: 2nd Offense in 6 YEARS: • Jail: Minimum of ten (10) consecutive days (Alternate Sentence: 5 days in jail and 18 consecutive days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring-Up to 6 months); • Fine: Minimum $350 and not more than $1,500; • Court License Suspension: 1 year to 5 years; • Occupational Driving Privileges: After 30 days; • Restricted Plates: Mandatory; • Vehicle Immobilization / Forfeiture of vehicle: 90 days if vehicle is registered to operator; • BMV Reinstatement Fee: $425.00 •5. Trial Court: 2nd Offense in 6 YEARS, And High level test, Or any prior refusal within 20 years: • Jail: Minimum of twenty (20) consecutive days (Alternate Sentence: 10 days in jail and 36 consecutive days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring-Up to 6 months); • Fine: Minimum $350 and not more than $1,500; • Court License Suspension: 1 year to 5 years; • Occupational Driving Privileges: After 30 days; • Restricted Plates: Mandatory; • Immobilization / Forfeiture of vehicle: 90 days if vehicle is registered to operator; • BMV Reinstatement Fee: $425.00 •6. Trial Court: 3rd Offense in 6 Years: • Jail: Minimum 30 consecutive days (Alternate Sentence: 15 days jail and 55 consecutive days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring-Up to 1 year); • Fine: Minimum $550 and not more than $2,500; • Court License Suspension: 2 years to 10 years; • Occupational Driving Privileges: After 180 days and disabling device; • Restricted Plates: Mandatory; • Forfeiture of vehicle: Mandatory; • BMV Reinstatement Fee: $425.00 •7. Trial Court: 3rd Offense in 6 Years, And High level test, or any prior refusal within 20 years: • Jail: Minimum 60 consecutive days (Alternate Sentence: 30 days jail and 110 consecutive days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring-Up to 1 year); • Fine: Minimum $550 and not more than $2,500; • Court License Suspension: 2 years to 10 years; • Occupational Driving Privileges: After 180 days and disabling device; • Restricted Plates: Mandatory; • Forfeiture of vehicle: Mandatory; • BMV Reinstatement Fee: $425.00 •8. Trial Court: 4th Offense in 6 Years (FELONY OFFENSE!) APPEAL PROCESS FOR AN ADMINISTRATIVE LICENSE SUSPENSION (ALS) : The Court must hold the Administrative License Suspension hearing within five (5) days of the date of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to the following four issues: 1. Was the arrest based on reasonable grounds? 2. Did the officer request the person to take a test? 3. Was the violator made aware of the consequences if he/she refused or failed the test? 4. Did the person refuse or fail the test? However, a Court may still issue a suspension if the Court finds that the Defendant is a threat to public safety. EXPUNGEMENT of criminal convictions: Expungement refers to the legal process by which a person's criminal record is altered in a favorable manner. The type of expungement that is appropriate to a given criminal case will vary, depending upon many factors. However, Ohio law prohibits a person from expunging a DUI conviction from his or her criminal record. In fact, a DUI / OVI / OMVI conviction will also prevent any future criminal convictions from ever being expunged from a person's criminal record. OHIO DUI LAWS CHANGE FREQUENTLY : Drunk driving defense is an ever changing area of law. As such, this information provided should not be relied upon as legal advice. More importantly, because of the severe penalties of a DUI conviction, we urge you to consult with us as soon as possible. Do not delay - Call us today! We are ready to answer all your questions. Free Consultation! Call Us Today! 27 Years of Experience Fighting For Your Rights! | WARREN OFFICE:
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