We used this evidence to push forward in obtaining a dismissal of the OVI charges. Our client was cited for an OVI when he tested over the legal limit during a traffic stop. We'll help you understand your options and aggressively pursue the best possible outcome. This saved her from points to her license, the impact to her auto insurance, from a year-long license suspension and from having to attend the driver's intervention program. We fought the charges, filing a suppression motion and scheduling a hearing. It is rare, however, for this maximum sentence to be imposed upon a first time offender. After being pulled over for having a headlight out, our client found himself being asked to submit to field sobriety tests, arrested, and providing a urine sample. Your first OVI offense in Ohio is a first-degree misdemeanor. Three OVIs in Ten years will result in a felony OVI charge. 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. This might include completing a drug or alcohol treatment program, driver retraining, community service, probation, and other stipulations. Log in. Your Cincinnati OVI Case: The Basics - FindLaw Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI. If you are facing drunk driving or OVI charges, you cannot rely on expungement post-conviction. Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. You must seek legal advice because an OVI conviction has consequences. You are an excellent attorney." 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. 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. Our client found himself charged with an OVI after he was stopped for "weaving." After pursuing a suppression motion laying out the legal deficiencies of the traffic stop and lack of evidence for the charges, an agreement was reached to dismiss both the speeding ticket and the OVI with our client pleading to a minor misdemeanor traffic citation with a minimal fine and no license suspension. 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. If you were recently charged with a crime text us the details. 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. In the end, the OVI was dismissed with a plea to a non-moving violation. Not only does it carry potential jail time and fines, but the charge goes on your criminal record. It's always worth it to fight with the help of . In Ohio, this is known as operating a vehicle under the influence, or OVI. As soon as you total 5 convictions or more for OVI (or equivalent) within 20 years, you'll be listed on the Habitual OVI Registry. This saved him from any jail, from the driver's intervention program, from points to his license and a year-long license suspension. We have helped hundreds of clients get their OVI charges reduced or dismissed. Stopped you without a reasonable and articulate basis to believe that a law has been violated. Whether you are facing a misdemeanor or a felony OVI charge, call (937) 222-1515 or contact the Ohio criminal defense attorneys at Gounaris Abboud, LPA today. We couldnt be more thankful for their services. We obtained a dismissal of the OVI charges by showing that driving slow is not an offense unless other traffic is impeded. Thank you!" Wish these guys the best in the future! 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. Over 21: 0.08 percent or higher, Under 21: 0.02 percent Commercial drivers : 0.04 percent or higher. In 2011, Mr. Gounaris was awarded a 10.0 Superb rating by Avvo, which is an attorney rating website recognized around the nation. Facing a mandatory minimum of twenty-days of jail for a second-in-ten OVI, he contacted us for help. Through a thorough evaluation of the urine test results and raising issues with the tests, we were able to obtain a complete dismissal of all OVI charges against our client. Officers also must inform offenders that they have the right to take an independent chemical test at their own expense. As a result, an agreement was reached to dismiss the OVI charges. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. If the officer inappropriately questioned you, your answers to the officers questions may be excluded. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. Turn off your engine, but leave your lights on if it's dark. 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). Recent changes in Ohio law expand opportunities to expunge or seal criminal records. Unfortunately, removing a DUI from a criminal record in Ohio is not so simple. In Ohio, DUI (driving under the influence) is generally referred to as "OVI" (operating a vehicle under the influence). 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. 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. As a result, the OVI charges were dismissed with our client pleading to a traffic citation instead. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. We obtained an agreement to dismiss the charges with her pleading to a non-moving citation instead. You can reach us by phone at (513) 338-1890 or our secured contact form to schedule your confidential case review. I won my case with their help and hard work! "Chris, "Brian and his colleague John were incredibly helpful and supportive. We also had the OVI reduced in exchange or a citation for a non-moving violation. 7031 Koll Center Pkwy, Pleasanton, CA 94566 If you are stopped for operating a vehicle under the influence (OVI) and the officer asks you to take a blood, breath, or urine test, generally you can't refuse. Operating Vehicle Impaired | Ohio State - Ohio State University Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. You can expect a minimum of three days in jail for your first conviction plus a fine of at least $375. Our client was pulled over for speeding and then subjected to field sobriety tests and a chemical test that indicated she was over the legal limit. Although it now wont count against you in preventing the expungement of another non-violent would-be first offense, it cannot be sealed or expunged. Jennifer, "Beat Walmart unemployment case! At your arraignment, you must enter a plea of guilty or not guilty. Anytime i had a question it was answered so that i could understand it. No lawyer in Ohio has more specialized OVI training than Tim Huey. A felony OVI charge will cost you at least $850, as well as time away from work while you serve mandatory jail or prison time. 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 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. After our client was stopped by the policy, they immediately suspected that she was impaired despite having a medical condition that could present symptoms that could be confused with impairment. 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. 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. You do not want to rely on an overworked public defender to advocate for your freedom. Our client was stopped for a marked lanes violation. Expungement may not be possible for those convicted of a DUI. In Ohio, most first-time, non-violent offenses can be removed from your criminal record through expungement. February 8, 2022. Despite having an over-the-limit test, we succeeded it getting OVI charges against our client dismissed on the first court date. Second Offense DUI / OVI Penalties in Ohio - Tyack Law Depending on the circumstances, OVI in Ohio is classified as either a misdemeanor or a felony offense. OVI charges were dismissed after we successfully raised issues regarding discrepancies between the police reports and video with the court. We know what to expect and what to do to get the best result possible. By raising several evidentiary issues with the case, we obtained a dismissal of the charges for our client. Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. 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. Defending Against DUI/OVI Charges in Ohio - Brad Wolfe Law, L.L.C. A 60-day to 30-month incarceration sentence, depending on the amount of alcohol or drugs in the driver's system and their prior offenses. We represented our client for OVI charges and achieved a dismissal of the charges through intensive negotiations with the prosecutor. Our client was cited with an OVI and for speeding after a traffic stop where the state trooper chose not to provide all of the available field sobriety tests, indicated reasons why the one test that was offered was unreliable, and then failed to offer a breath test or urine test. Ohio Driving Under the Influence Special License Plates 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. Felony vs. Misdemeanor OVI | Is an OVI a Felony in Ohio? How serious is a DUI? A felony OVI in Ohio carries 60 days in local jail up to 1 year with an additional 6-30 months in prison. Leveraging this evidence, we obtained a complete dismissal of the OVI charges with our client merely pleading to the tinted windows citation with a fine of $10.00. Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. 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. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. "Sandra, "Excellent service, not only did I win my case but the level of customer service was phenomenal!! When you face an OVI, you may not know what to do. Five or more OVIs in twenty years will also result in a felony charge. First Offense Ohio OVI / DUI Penalties - Riddell Law LLC The police charged our client due to a suspicion of impaired driving and as a result a breath test was conducted that resulted in an over-the-limit test. She agreed to plead to a non-moving citation instead, saving herself from a year-long license suspension and high points to her license. By pleading to a simple traffic offence, our client was saved from any jail time, from having to complete a drivers intervention program, from high points to his license, a damaging criminal record, and high fines. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. After raising several issues regarding alleged indications of impairment as well as issues with field sobriety tests, we obtain a dismissal of OVI charges for our client with her accepting a plea to a non-moving traffic citation instead. How to Get anOVIReduced toReckless OperationinOhio, Common Law DWI in New York: What to Expect, Penalties & Laws, First OffenseOVI/DUIinOhio: Laws, Penalties & More, Section 4511.191 of the Ohio Revised Code, DWI Detection and Standardized Field Sobriety Testing. 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. Such a driving under an OVI suspension carries with it mandatory jail time, an additional license suspension and high fines. They help file everything and keep you updated on what going on. "Debra, "Great law firm. Could not have done this by myself. How to Get Limited Driving Privileges in Ohio | Sapling Thanks so much Brian for your professionalism and you eagerness to go the extra mile. Any information you provide will be kept confidential. The tests that were given were not standardized. Thank you! An individual can be charged with OVI if marijuana is detected according to any one of the following per se limits: 1.) Virtually all Ohio colleges and universities have the power to discipline their students for a DUI . After our investigation, we were able to obtain a dismissal of the OVI charge with our client pleading to a traffic citation with a fine of $50.00. For a first conviction, you will receive a fine of between $375 and $1,075. It is fairly typical for judges to calibrate the sentence based on aggravating factors, such as an unusually high BAC or causing an accident. removed from your criminal record through expungement, How You Can Reclassify or Be Removed from the Ohio Sex Offender Registry, How (And When) to Change Defense Attorneys in a Criminal Case in Ohio, What to Expect at an Arraignment in Cincinnati, Ohio. Not only can your attorney help you understand the severity of the charges you are facing, but we may be able to work with the prosecutor to help you enter a pretrial diversion program or obtain a plea agreement. Angry residents of East Palestine, Ohio confronted officials from the rail operator, whose train caused a toxic chemical dump and . A search of his vehicle was done that showed no drugs. The defendant may also request a pretrial, in which they meet with a prosecutor to argue that the case should be reduced or dismissed entirely. You may also be liable to pay a fine of between $300 and $1500. The OVI charges were ultimately dismissed and a plea to a traffic station instead saving him from high points to his license, an OVI on his record and a license suspension. There is a chance the court will allow them to complete a 3-day driver intervention program instead of going to jail. Maximum of five years of probation. They were meticulous and extremely experienced in helping to turn the situation around. Fourth offense: the charge is now a felony, which could . When glucose is present, there is the possibility that the sample can ferment and create alcohol. This saved our client from an OVI on her record, a year-long license suspension, a mandatory drivers intervention program, jail time, points to her license and a high fine. Our firm proudly offers no-cost, risk-free consultations to individuals facing OVI charges across Cincinnati and surrounding cities. There will be a court-imposed one to three-year driver's license suspension.