If you’ve been charged with operating a vehicle while impaired, you probably have a lot of questions about the subsequent proceedings. Fortunately, a seasoned criminal defense attorney can answer all of them. Call a lawyer as soon as possible following your OVI arrest. An attorney will help you devise a defense and navigate the proceedings while protecting your rights every step of the way. A lawyer will also be happy to discuss the specifics of the case, so you know what to expect. In the meantime, here is some useful information about OVI in Ohio. 

Answers to Common Questions About OVI in Ohio

Could I face OVI charges after having just one drink?

In the state of Ohio, it is illegal to get behind the wheel with a blood alcohol concentration of 0.08% or higher. While the average person will not have a BAC of 0.08% after just one drink, several factors affect how your body metabolizes alcohol. Additionally, you could face charges if your BAC is lower than 0.08%. As long as officers have reason to believe a motorist is impaired, they can make an OVI arrest. 

Do I have to consent to any tests during the traffic stop?

Ohio has an implied consent law, which means motorists must submit to a blood, breath, or urine test if they are lawfully arrested for OVI. If you refuse to take a chemical test, you will face penalties, regardless of your actual BAC. Field sobriety tests, on the other hand, are optional. And because their results are purely subjective, defense attorneys often advise motorists to politely decline an officer’s request to take such tests. 

What are the penalties for an OVI conviction?

The penalties for an OVI conviction ultimately depend on a variety of factors, including the motorist’s criminal record and the circumstances of the offense. For example, operating a vehicle impaired with children in the car will result in more severe penalties than doing so alone. For a first-time offender without any aggravating factors, potential penalties include up to six months in jail, a license suspension of up to three years, and a fine of up to $1,075. 

Will I lose my commercial driver’s license if I’m convicted of OVI?

CDL holders who are convicted of OVI are automatically disqualified from holding a commercial driver’s license for one year. A second conviction will result in a lifetime ban from commercial driving. If the offense was committed in a commercial vehicle, additional penalties might apply. 

If you’re facing charges following an OVI arrest, contact David S. Washington, Jr. Practicing out of Hamilton, OH, this tireless defense attorney has practiced law for more than two decades. In that time he has helped clients facing all kinds of charges, including those for manslaughter, drug trafficking, and domestic violence. To learn more about the kind of counsel David Washington provides, visit his website. To discuss your OVI arrest and determine the best way to proceed, call (513) 751-1400.