Aggressive Defense By OVI/DUI Attorneys in Ohio
Combs, Schaefer, Ball & Little defending you against OVI/DUI Charges in Middletown, West Chester, Hamilton, and Franklin, Ohio
Ohio’s OVI laws can be very complicated. For the purpose of explaining how the law applies to you, there is essentially two laws that apply to OVI. Operating a Vehicle under the Influence bases conviction upon motor skill indications that historically point to alcohol influence. Alternatively, Driving with a prohibited level of alcohol in your breath, blood, or urine specifically addresses your operation of a vehicle with a prohibited level of alcohol in your breath, blood, or urine.
Operating a Vehicle under the Influence
The first section of Ohio’s OVI law states it is illegal to operate a vehicle while under the influence of alcohol, drugs, or both. No breathalyzer tests are performed; rather this violation is based upon an officer’s observations of your driving, physical appearance, and performance to “field sobriety tests.” [A series of tests prescribed to tests your physical and mental state.] In general, a conviction of this section of Ohio’s OVI law is based upon testimony of the arresting officer and other witnesses who observed you.
Operating a Vehicle with a Prohibited level of alcohol in your breath, blood, or urine
The second section of Ohio’s OVI law that you can be charged under is a so-called “per se” violation. In effect, this section states, and notwithstanding your ability to pass the field sobriety tests, you are prohibited from driving with a prescribed level of alcohol in your breath, blood, or urine. In Ohio, you cannot operate a vehicle with a level of 0.08 or more of alcohol in your breath.
To be convicted of this type of OVI, the government offers into evidence scientific tests proving the level of alcohol in your system. Often the test used is to prove the amount of alcohol in your system is the breathalyzer. The government isn’t required to introduce any other evidence. Additionally, this type of offense does not require the government to prove your mental or physical abilities are affected by your intake of alcohol.
There are several consequences of an OVI charge, including:
- Jail Time
- Fines/Court Costs
- Vehicle Impoundment/Seizure/Forfeiture
- License Plate Impoundment/ Yellow Plates
- Administrative License Suspension
- Increased Insurance Rates
- Employment Problems
Contact our dedicated Middletown lawyers today
To schedule a consultation to discuss how our experienced attorneys can help you, contact Combs, Schaefer, Ball & Little Today!