In Ohio, the phrase, “operating a vehicle impaired” (OVI) is used in place of DUI or DWI. If you’ve failed a sobriety test, you probably have a lot of questions about possible impending charges and subsequent proceedings. While you should speak with an attorney about your concerns ASAP, below are answers to some commonly asked questions about OVI charges. 

A Basic Guide to OVI Charges in Ohio

What are the penalties for an OVI conviction?

Penalties vary depending on a number of factors, the most common of which is offense history. First-time offenders face license suspension from six months to three years, between $250 and $1,000 in fines, and anywhere from three days to six months in jail. In some cases, jail time may be suspended if you agree to participate in a driver’s intervention program. 

If this is your second OVI offense, you may be put behind bars for at least 10 days and up to one year. Fines can range between $350 and $1,500, and your driver's license can be suspended from one to five years. Third-time offenders may have to spend 30 days to one year in jail and can lose their license for up to 10 years. The state will also require you to have an interlock ignition device installed in your vehicle, which requires you to take a breathalyzer test before being able to drive your car. 

How does a lawyer defend you against an OVI charge?

There are a number of strategies your defense attorney may pursue to fight an OVI. Perhaps the breathalyzer device was not properly calibrated by the arresting officers, for example, or the officer did not follow the proper protocol when administering your field sobriety test. Your attorney will determine the best method of defense depending on the evidence the prosecutor has against you. 

If convicted, will I have a criminal record?

An OVI charge, whether it’s a misdemeanor or felony, will remain in your record permanently. This is why it’s essential to work with a qualified attorney to help you reduce your charges or have them dropped.

Can I be charged if I’m underage?

Impaired drivers in Ohio who are under the age of 21 face a specific charge called “underage OVI,” which requires a lower blood alcohol content (BAC) level. Whereas adults need a BAC level of at least 0.08% to be charged, drivers under 21 only need a BAC of .02%.

If you’re facing an OVI charge, get in touch with Michael A. Newland Esquire in Butler County, OH. For more than 30 years, he’s been helping clients fight drunk driving charges or get them reduced to a lesser offense. Visit his website to learn more or call (513) 887-9595 to set up a free consultation.