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Under criminal law in Ohio, suspected drunk drivers can be charged with operating a vehicle impaired, or OVI. (In other states, the charge is known as driving under the influence, or DUI.) Because the penalties for an OVI conviction can be severe—especially if you already have a record—it’s essential to take any such charges seriously. If you were arrested for signs of drunk driving, the following information should help if you’re unsure how to proceed. 

FAQ About Facing OVI Charges 

What should I do immediately following arrest?

Call a lawyer as soon as you find yourself on the wrong side of the law. An attorney will ensure neither police nor the prosecutor violates your rights at any stage. If you seek counsel right away, a lawyer can represent you at your first court appearance, or arraignment. During this proceeding, you’ll enter a plea. If you intend to fight the charges—which is typically advisable—you’ll be instructed to plead “not guilty.”

How can I determine what's at stake?

A criminal law attorney will evaluate the situation to determine what kinds of penalties you may be facing. In the state of Ohio, a standard OVI conviction for a first offender carries a jail sentence of up to six months, a fine of up to $1,000, and a license suspension of up to three years. These penalties increase when the situation involves aggravating factors or the defendant has prior convictions. 

Can I challenge the administrative license suspension?

criminal lawEveryone who is charged with OVI faces an administrative license suspension. You can appeal this suspension by filing a motion in court during the arraignment. If the judge doesn't want to give back your license, you can request occupational driving privileges, which will allow you to drive to and from work while the suspension is in effect. 

What are some common OVI defenses?

Criminal law attorneys have several strategies for fighting OVI charges. The strategy pursued will depend on the circumstances. If the prosecutor is unwilling to negotiate—reducing the charges to the reckless operation of a motor vehicle in exchange for a guilty plea, for example—your lawyer will help you determine how to challenge the evidence they have against you. Perhaps officers failed to calibrate the breathalyzer device properly. Maybe you have a medical condition that makes it virtually impossible to pass field sobriety tests. Regardless of the specifics, an experienced attorney will use all the resources at the firm’s disposal to challenge any proof of alleged OVI. 

 

If you’ve been charged with operating a vehicle impaired, turn to Michael D. Doyle, Attorney At Law. Practicing out of Elyria, OH, and serving clients in Cuyahoga and Lorain counties, this seasoned lawyer has been in the field since 1991. With a commitment to devising practical legal solutions that are tailored for the situation at hand, this criminal law attorney gives each case the attention it deserves. To schedule a free consultation, visit his website or call (440) 323-0001.

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