A DUI, OVI, DWI, and OMVI all refer to operating a vehicle while impaired and under the influence of drugs, alcohol, or both. If caught drinking and driving with a blood alcohol content (BAC) level of 0.08 percent, you can get arrested and convicted of a DUI in Ohio.
One of the most influential drivers in any DUI conviction is your BAC and whether it is high or low. This directly impacts your sentence as one example and whether you serve more or less jail time.
Ohio law recognizes OVIs, DUIs, DWIs, and OMVIs. If you have been charged with a DUI offense, contact our firm so we can start working on a defense for your case.
Impaired Driving Offenses: OVI, DUI, DWI, and OMVI
If you are driving a motor vehicle impaired, which means you are above the legal BAC limit, you may face drunk driving charges. There are various acronyms that are used for these charges.
DUI (Driving Under the Influence)
DUI involves operating a vehicle while you are impaired, either by alcohol or drugs. Some jurisdictions call it DUI/DWI.
DWI (Driving While Intoxicated/Impaired)
DWI usually refers specifically to being impaired by alcohol over the legal limit. Sometimes, it is used to indicate a higher level of intoxication than DUI.
OVI (Operating a Vehicle Impaired)
The term OVI or operating a vehicle impaired is used in Ohio and some other states. OVI charges mean that a person is exhibiting the same behavior as DUI or DWI.
Operating a Motor Vehicle Impaired (OMVI)
OMVI or operating a motor vehicle while impaired or intoxicated is another acronym that is adopted by some states, much like OVI.
Variations in Terminology by State and How They May Affect Legal Proceedings
Why are there so many different terms for operating a vehicle while over the legal limit? The biggest difference is that every state or jurisdiction may use its own terms and legally define these offenses. Hence, under Ohio law, driving drunk could result in an OVI conviction.
Referring to it as a DUI or DWI isn’t exactly incorrect, though certain states, like Ohio, have varying terms to categorize this crime.
Overview of the Legal Process for Challenging Drunk Driving Charges
Ohio law imposes strict consequences for OVI charges. If you have an OVI arrest, the first thing you need to do is contact a criminal defense lawyer who can help you through the legal process. It is important to note that if you are accused of driving under the influence by law enforcement, arguing is not going to help. Remain polite and tell them you would like to speak to your attorney. In turn, your lawyer will challenge the charges of driving under the influence.
Reviewing the Traffic Stop and Arrest
Your lawyer may be able to help you get a favorable outcome if the officer had a lack of probable cause to make the initial traffic stop.
Analyzing Field Sobriety Tests
Challenging the validity of field sobriety tests, which are often unreliable, is another defense tactic.
Finding BAC Errors
The results of your chemical test or breath alcohol content may be inaccurate due to faulty equipment or improper usage of the testing device.
There are many severe consequences for these criminal charges, even for first-time offenders. With an attorney, you will have an effective defense that could get these charges dismissed.
What Should I Do at an OVI Traffic Stop?
If a police officer pulls you over at an operating a vehicle impaired (OVI) stop, it’s important to avoid simple mistakes, stay calm, and remember your legal rights.
First and foremost, be respectful when communicating with a police officer, and don’t volunteer more information than you have to. You don’t want to fabricate any information but being too forthcoming can hurt you later. An example of this might include saying something like, “I’ve only had a few beers.”
A common misconception is that roadside tests are required. You can legally decline a field sobriety test, though you must get out of your vehicle if the officer asks. While doing so may result in immediate license suspension, a lack of chemical test results could benefit your case.
With a First Drinking and Driving Offense, What Can I Expect?
If you have no prior DUI convictions on your record, this is considered a first DUI offense. If your chemical test results show a BAC of .08 to .17, you could be sentenced to three days in jail or be required to enroll in a Driver Intervention Program.
With a first DUI conviction, you could face fines up to $1,075, up to six months in jail, and a license suspension of up to three years.
If you have been arrested for a first DUI offense, protect your future, and contact our experienced DUI attorneys for a consultation.
What Kind of Charge is a DUI or OVI?
The more DUI offenses you have on your record, the greater the penalties. A first and second DUI offense is typically a misdemeanor charge and results in fines, jail time, and license suspension.
The turning point for a DUI charge is when it transitions from a misdemeanor to a felony—a serious offense with criminal penalties. A felony is likely if you have any prior crimes that occurred within a short period or mitigating circumstances as part of your case, including any injured victims, underage passengers, and other similar influences.
How the Law Firm of Ernst & Associates Can Help with Defense Strategies
There are a variety of negative consequences for conviction of OVI in Ohio, including losing your driver’s license and driving privileges, jail time, fines, and having a permanent blemish on your criminal record. Our law firm will protect your rights and represent you at every stage of your DUI case and uphold your legal rights. Contact us today at 513-579-9500 and book a free consultation to discuss your case.
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