Faqs About DUI/OVI In Ohio

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What Are The Faqs About DUI/OVI In Ohio?

Here are the FAQs about Dui/Ovi in Ohio:

What Exactly Is A DUI According To State Law In Ohio?

DUI in Ohio is actually called OVI, operating a vehicle under the influence. There are a number of different ways to be under the influence, either from drugs to alcohol, either being above a certain level of blood alcohol level, or just being impaired; even if you do not technically meet the legal limit, Ohio DUI laws say you can still get a DUI if the officer believes you are impaired.

Do Most People Arrested For OVI Tend To Have High Blood Alcohol Level Or Do They Tend To Be Closer To The Legal Limit?

When people usually say drunk, they tend to think of stumbling around, falling down, out of their mind. Most actually are not! Most of them are still coherent, either a little bit tipsy; they slur their words a little bit. But they are not extremely drunk, just enough to be considered impaired under the law.

Are People Usually Surprised At Either Their Level Of Being Intoxicated Or When They Are Being Questioned About Being Over The Legal Limit?

Some people handle it better than others. Somebody might test over the limit but believe that they feel fine. Some people might not want to drive even though they are way under the limit because the alcohol affects them differently. Everybody is different and everybody handles it differently.

Is There A Typical DUI Client Seen In Ohio Such As An Age Range And Gender?

The law office of Matthew Bangerter has had juvenile OVI cases, all the way up to a seventy year old something year old man. There is no typical client.

Is There A Typical DUI Story, Such As “I Just Had A Couple Of Beers?”

Yes. Most people will come in and say “I just had a few; I didn’t realize how much it affected me.” It is very rare that you come in and have somebody say “Oh yeah man, I had a 12 pack in the last hour.” You do have some people that tell you they did have a lot but most people do not intentionally go out to drive drunk. They just have a few, they feel alright and then they drive.

Is Driving Under The Influence A Prevalent Problem In Ohio Counties?

Yes. There are a lot of cases in all the courtrooms around here. No statistics in the way of numbers though; as time goes on, penalties get stricter and stricter and the limits get lower. There has been some talk of reducing the limit to 0.05 rather than 0.08 and there are a lot of political lobbyists and anti-drunk driving groups that drive that. If that happens, there are going to be more arrests.

The biggest one is people saying, “I took the field sobriety test, which is those road-side tests, we’re walking the line, standing on one leg, and I think I did pretty good! I think I passed!” When the reality is, if they had passed they would not have gotten arrested.

Those tests are so technical that most people do not pass them and the police will always be able to find something they did wrong on the test so they can mark it on their report.

If you have more questions about Ohio DUI laws, call the Law Office of Matthew Bangerter for an initial consultation at (440) 306-3205 and get the information and legal answers you’re seeking.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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