Driving under the influence of alcohol can have severe repercussions. This is particularly distressing in the United States, where fatal car accidents occur every 39 minutes. With a blood alcohol concentration (BAC) of 0.08 percent or higher, the law considers you legally intoxicated.
If this alcohol concentration is detected after you are arrested, knowing your legal rights is extremely beneficial. Seek the help of a Cleveland DUI attorney for cases involving DUI and OVI charges. Let us further examine the fundamental elements of DUI encounters in Cleveland.
What is an OVI in Cleveland (Ohio)?
The Ohio Revised Code defines OVI as operating a vehicle under the influence of alcohol or drugs, synonymous with “DUI” in other states. If a police officer suspects a driver is operating their vehicle while impaired, an OVI charge usually gets filed. This also applies when LSD, amphetamines, heroin, cocaine, and other narcotics are found in the driver’s blood or urine.
If you submit to a chemical test and are over the legal limit, your attorney will inform you of your rights and options to prevent serious and often escalated penalties.
What are the Potential Penalties for an OVI Conviction in Ohio?
The penalties for an OVI conviction depend on various factors. Is this a first offense, or do you have several within 10 years? Consequences for an OVI conviction depends on the blood alcohol concentration (BAC) level, any prior OVI convictions, refusal to take a chemical test, and the possibility of any additional undesirable circumstances surrounding your arrest.
It is critical to recognize that these offenses may have significant consequences, including but not limited to impacting one’s driving record, insurance premiums, employment prospects, and personal life. To reduce these penalties, understand the Ohio law and your driver’s rights, and retain the services of a qualified Cleveland DUI attorney.
Mandatory License Suspension
You may have your driver’s license suspended by the Ohio BMV for a specified period. The suspension duration may increase depending on the circumstances, such as prior convictions for OVI.
Mandatory Fines
Ignoring the monetary penalties is impossible, varying from a minimum of $375 to a maximum of $10,500. They are determined based on the type of offense and any prior OVI convictions.
Ignition Interlock Device
A Court can require the installation of an ignition interlock device on your vehicle, if driving privileges are granted. This device prevents you from starting your vehicle if alcohol is detected. You will only be able to start your vehicle once no alcohol is detected. These devices are not free and are paid for out of your pocket.
Probationary Term
It is very likely that a Court will sentence you to a period of probation. In certain cases, you will be required to complete substance abuse treatment and alcohol education programming.
Incarceration Time
For all OVI or DUI convictions, there is a mandatory period of incarceration. For a first offense, the mandatory period may be served at a Driver Intervention Program.
Legal Rights in Cleveland (Ohio) OVI Case
Police officers must have a “reasonable suspicion” that a driver is violating the law. They don’t have the authority to pull over drivers randomly, but only need a simple traffic violation to initiate a stop of a vehicle. This means randomly selecting vehicles and submitting drivers to a sobriety test.
You have certain legal rights, whether pulled over or stopped at a checkpoint.
Right to Remain Silent
Other than giving your name, license, and proof of insurance, you have the right to remain silent. Engaging in voluntary questioning and initiating a conversation will likely result in your incrimination.
Right to Refuse Sobriety Test
Your refusal to do Standard Field Sobriety Tests like, walking in a straight line or performing a one leg stand test is permissible. As a result of their subjectivity and individual variation in outcome, these tests do not consistently ascertain impairment.
Right to an Attorney
You fully have this right to call your attorney. If you’re being arrested, you should ask to call your attorney before answering any future questions or taking a chemical test.
Right to a Chemical Test
In certain circumstances, the police may insist that you submit to a chemical test. This test determines the amount of alcohol in your system. Urine, blood, or breath samples are acceptable. Remember that license suspension is a potential consequence of refusing these tests.
Consult a Cleveland DUI Attorney Today
Seek guidance from an experienced Cleveland DUI attorney specializing in DUI and OVI cases. Our AJLJ Law attorneys offer legal advice, safeguard your rights, and make every effort to alleviate the possible consequences of an OVI conviction.
Contact a trusted Cleveland DUI attorney. We will fight for you as we navigate the complexities of the OVI laws in Ohio.
