Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge.
What Constitutes OVI in Ohio?
Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions:
- Being under the influence of alcohol, drugs, or their combination
- Having a blood alcohol concentration (BAC) of 0.08% or higher
- Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin
Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident.
Immediate Consequences of an OVI Arrest
Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years.
Criminal Penalties for OVI Convictions
Penalties depend on prior convictions, BAC levels, and compliance with testing.
First Offense
- Jail: 3 days to 6 months
- Fines: $375 to $1,075
- License Suspension: 1 to 3 years
Second Offense
- Jail: 10 days to 6 months
- Fines: $525 to $1,625
- License Suspension: 1 to 7 years
Third Offense
- Jail: 30 days to 1 year
- Fines: $850 to $2,750
- License Suspension: 2 to 12 years
Subsequent offenses may lead to felony charges with harsher penalties.
Defending Against OVI Charges
An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases.
Seek Legal Assistance
Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy.
If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491 or
contact us online to make an appointment.
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