Our client was charged with an OVI after a traffic stop, standardized field sobriety tests, and refusing a breath test. Our client was charged with a fourth-degree misdemeanor assault after an altercation at a store. We then entered into extensive negotiations with the prosecutor involving the arresting officer and judge to reach an agreement pleading down the OVI and avoiding any license suspension. 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. 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. It is rare, however, for this maximum sentence to be imposed upon a first time offender. Requesting discovery, which is the process of exchanging information regarding the evidence and witnesses each legal team will offer at the trial, per the American Bar Association, may increase the defense's chances of success, as the legal counsel can then identify specific areas to challenge. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights. The breathalyzer test and blood alcohol tests that police administer may be inaccurate. In addition to high fines and jail time, the charges brought with them the possibility of a license suspension. Is an OVI a Felony in Ohio? 1. Upon conviction of a criminal OVI charge, you face potential penalties that include: Jail or prison time, Substantial fines, The review or use of information on this site does not create an attorney-client relationship. The potential challenges, however, get more specific to OVI issues. 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. In 2011, Mr. Gounaris was awarded a 10.0 Superb rating by Avvo, which is an attorney rating website recognized around the nation. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited . Angry residents of East Palestine, Ohio confronted officials from the rail operator, whose train caused a toxic chemical dump and . 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. While representing our client for an OVI charge, we appealed his administrative license suspension and prevailed, getting his suspension vacated. The fines increase if you have multiple drunk driving convictions. Give us a call today to start your OVI defense. Expungement may not be possible for those convicted of a DUI. Although our client was charged with an OVI, we successfully raised issues regarding whether the State could prove that he was actually operating a motor vehicle. Because a more recent change in Ohio law removed the requirement that a vehicle must be "motorized," the current acronym that refers to driving under the influence is "OVI" (Operating a Vehicle Impaired). For a first-time OVI conviction, you could: Spend 72 hours in jail. Came up with a winning strategy that ultimately won my appeal hearing against the retail giant Walmart!" Prepare for trial if needed. After our client was charged with a second-in-ten OVI, we started to investigate the case. This is done by court personnel. It's also possible that the sobriety test was affected by outside factors, such as the driver's medical conditions, poor conditions in the testing location, or that the driver's impairment can be attributed to a different cause, such as the use of legal prescription medication, a medical issue or even involuntary intoxication. As a result, the prosecutor offered to dismiss the OVI charge and have our client agree to a minor misdemeanor charge with only at $100.00 fine. 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. Despite our client being allegedly observed drinking a beer while driving, we fought the OVI charges that were brought against him and obtained a dismissal of the charges with our client pleading to a traffic citation instead. Deviations from this guide can cause a problem for the prosecutor. They were very professional, considerate and understanding especially when things became overwhelming for us. You'll also face license suspension for one to seven years. In Ohio, a first OVI is a first-degree misdemeanor unless it resulted in another person's death, serious bodily injury, or property damage. Some commonly known defenses that span well beyond the OVI sphere include when the arresting officer fails to read the offender their Miranda rights upon arrest; a lack of probable cause (or illegal search and seizure, per the Fourth Amendment of the U.S. Constitution); or the failure to complete the charging documents properly. OVI defendants in the Buckeye State might choose to plead guilty to the OVI charge against them rather than pursue a trial. Although our client was facing mandatory license suspensions for both OVI charges and Hit/Skip charges, we obtained a dismissal of both charges with our client accepting a non-moving citation instead with neither any points to her license or any license suspension. To prevent that conviction, the defendant's team will need to challenge the drunk driving charge. You could be in jail for three to six months and pay a fine of $375 to $1,075. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop. Invalid due to a lung or breathing condition prevented you from giving a large enough sample. Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters. Our client was charged with an OVI after she tested over-the-limit on a breath test. Based on their experience defending OVI cases in Columbus, the attorneys at Luftman, Heck & Associates report some of the more common constitutional defenses. 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. If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. Bravo!!! If you have any questions, please feel free to contact us. The . Now, you must pay the price. With respect to an OVI charge, alcohol or drug content in one's body can be tested through blood, breath, or urinary analyses. Amanda, "Brian Smith is the best! 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. Avoid Volunteering Information Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. However, after successfully presenting both legal challenges and mitigating circumstances, and agreement was reached to reduce the OVI to a non-moving violation, saving our client from high points to his license, jail and a license suspension. 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. You can be charged with a misdemeanor OVI during your court hearing if you were convicted of or pled guilty to two . Pretrial Diversion Programs For example, in many cases, you may be eligible for a pretrial diversion program. The offense carries the following criminal penalties: A maximum of six months in jail, with a mandatory minimum sentence of 72 hours. Our client was charged with an OVI and an over-the-limit test, but through our representation, we obtained a dismissal of the charges. Five or more OVIs in twenty years will also result in a felony charge. An OVI is a misdemeanor offense. In addition to the denial of benefits, I also lost two rounds of appeals. The Law Offices of Brian J. Smith, Ltd.: How to Beat an Ohio DUI Charge? Despite having an over-the-limit test, we succeeded it getting OVI charges against our client dismissed on the first court date. Our client entered the wrong road to a state park and was ultimately charged with an over-the-limit OVI after urine test results were returned. I would highly recommend him for anyone who finds themselves in legal troubles. Read More: How to Know If a DUI Is on Your Record. CDL's are disqualified for one-year after a first-time OVI and for life after a second-time OVI. In Ohio, this is known as operating a vehicle under the influence, or OVI. When he stopped an argument ensued and he left the scene for his safety. Offenders who have trouble paying for the DIP and who receive public assistance, such as disability or Medicaid, may qualify for state assistance for the course fees. Our client was charged with assault and unlawful restraint. If you request and the judge grants . He handled my claim in a most timely manner an professional manner. 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. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. What happens when you get your first OVI in Ohio? This resulting in an immediate return of his license. How can I get out of a DUI in Canada? A physical control charge comes with similar penalties to OVI, including jail time and hefty fees. 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. Cincinnati OH 45202-2180. He saved himself from high points, a year long license suspension and a mandatory driver's intervention program. Additional Areas Served - DUI Defense - Beavercreek | Centerville | Eaton | Englewood | Fairborn | Huber Heights | Kettering | Miamisburg | Moraine | New Lebanon | Oakwood | Piqua | Tipp City | Trotwood | Troy | Vandalia | West Carrollton | Xenia | Yellow Springs. We argued that the police had no evidence to show that she did not have a drink AFTER the accident when she got home. However, we showed that he did not cross any marked lanes and as a result there were significant issues with the traffic stop. If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. 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. As a result of raising those arguments and through negotiations, an agreement was reached to dismiss the OVI charges, with our client pleading to a non-moving citation and simple traffic ticket instead. Fine of $375 to $1,075, plus related costs and fees. 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. Such a driving under an OVI suspension carries with it mandatory jail time, an additional license suspension and high fines. It was soon discovered that the police did not have or provide video referenced in the police report. Move to suppress evidence. Our client was charged with an OVI due to a suspicion of driving while under the influence of narcotics. Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. Upon further investigation, t. 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. 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. Inadmissible for failure to conduct the 20 minute observation period. After raising several evidentiary issues, we were able to persuade the prosecutor and judge to agree to a dismissal of the charges with our client pleading to merely a minor misdemeanor with a maximum fine of $150.00, no license suspension, no jail, no probation, and no driver's intervention program. Here are some legal defenses that may apply to your case. There is a chance the court will allow them to complete a 3-day driver intervention program instead of going to jail. Free Consultation / 24 Hours a Day - (513) 338-1890, Home > Legal Blog > How To Remove a DUI / OVI from Your Record in Ohio. Something went wrong while submitting the form. After extensive negotiations and a suppression motion raising issues regarding the reason for the traffic stop, cause for expanding the stop, probable cause for arrest, and issues with the field sobriety tests, we were able to obtain a dismissal of the OVI. As a result of our representation, the OVI charge was dismissed. My attorney help me immensely. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Read More: How to Get a DUI Removed From Your Driving Record. This might include completing a drug or alcohol treatment program, driver retraining, community service, probation, and other stipulations. We aggressively defended against the charges raising issue with the traffic stop, obtaining a dismissal of the OVI charges. As a result, she avoided points to her license, a year-long license suspension and did not have to serve any time in jail or at a driver's intervention program. A police officer initiated a traffic stop after allegedly receiving a telephone call reporting an impaired driver. I was blindsided by separation at my former employment and then denied unemployment benefits as well. There are two ways a driver can be charged with OVI in Ohio. 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. September 7, 2021. Through researching the discovery material from the State, proactive steps and negotiations with the prosecutor, and agreement was reached to dismiss the OVI charges saving our client from the strict OVI penalties and avoiding any license suspension. Highly recommend using! As a result, all charges against our client were completely dismissed. After finding himself arrested and subjected to a breath test that read over the legal limit, our client hired us to defend him. After filing a suppression motion raising issues regarding whether the one-way road was properly marked and whether the police had sufficient suspicion of impairment to justify expanding and prolonging the traffic stop, the State agreed to dismiss the OVI charges with our client pleading to a traffic offense. Through extensive negotiations, we prevailed in obtaining a dismissal of the OVI charge with our client accepting a plea to a lesser citation and without the harsh penalties and effects of an OVI conviction. Unfortunately, removing a DUI from a criminal record in Ohio is not so simple. . After extensive negotiations at the Mayor's court and then the Municipal Court, an agreement was reached to dismiss the OVI with a plea to a non-moving violation instead. 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. Our client was charged with an OVI, and refused a breath test, after the police got involved because his vehicle was stuck off the side of the road. The judge cannot put a person on probation without a presentence investigation. As such, any DUI conviction will stay on your criminal record for the rest of your life. 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. Our client was charged with an OVI, for testing over the limit for THC metabolites, possession of marijuana, paraphernalia and speeding in a school zone. We addressed the issue that he was charged under the wrong statute through extensive negotiations and legal briefs. After extensive preparation and negotiations in this case, on the morning of the trial, an agreement was reached from the State to dismiss the OVI charges against our client with him agreeing to plead to a non-moving citation instead. However, through thorough preparation and extensive investigations, we obtained a dismissal of the OVI charges with our client accepting a non-moving citation instead. Obtained your blood test results from the hospital you went to for treatment, without a proper warrant. As a result, the OVI charges were dismissed with our client pleading to a traffic citation instead. There are several possible ways in which you can go about defending yourself against the OVI charges against you. We'll help you understand your options and aggressively pursue the best possible outcome. Sonya, "Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. You can be convicted of OVI if you operate a vehicle: with a blood alcohol concentration (BAC) of .08% or more (or a urine alcohol concentration of .110 or more) It may also grant the violator limited driving privileges after a 15-day probationary period. "Josh, "Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, if you have "physical control" of the vehicle (meaning that the keys are within your reach), you can still be arrested and charged.