A drunk or impaired driving charge is commonly called a DUI in most states. If you’re wondering, what do I do if I get a DUI, it’s important to understand the consequences. In Ohio, the term OVI is commonly used, but the legal process is similar. You can be charged with a DUI (or OVI) if your breathalyzer or chemical test shows a blood alcohol content of .08% or higher, and a DUI conviction can have serious long-term effects on your record and driving privileges.
Additionally, in Ohio, the DUI laws specify the amounts of numerous other drugs that could get you a DUI charge.
In most cases, a first-time offense is commonly a first-degree misdemeanor. This charge could land you in jail for at least three days (72 consecutive hours) and a maximum prison sentence of up to six months.
However, under the proper circumstances and with qualified and professional representation, the judge may suspend your mandatory three-day jail sentence following a DUI arrest, and alternatively, you will attend a driver’s intervention program. Often, details noted by the police officer during the arrest can play a role in these outcomes. This is preferable to any jail time; however, the help of your Cincinnati law team will be invaluable in obtaining this legal alternative.
Also, even a first-time DUI conviction will suspend your driver’s license for up to three years. However, with experienced legal assistance, the judge may grant you unlimited driving privileges during suspension if you install an ignition interlock device in your motor vehicles. Limited driving benefits could also be arranged, but only when driving is necessary, such as going to work, keeping doctor’s appointments, taking your children to school, etc.
You could also incur fines of over $1000 and receive mandated community control, such as; probation, 100 hours of community service, monitoring of your drug or alcohol use, house arrest, curfews, and more.
It’s evident that Ohio’s laws pertaining to DUI convictions are harsh and carry severe consequences. Therefore, even a 1st time offense conviction must be taken seriously. Your best legal course of action is to consult with a qualified, experienced, and aggressive Cincinnati DUI lawyer as soon as possible. By doing so, your law team will fight for your rights and the best outcome for you and your family.
Will I Always Lose My License For a First-Time DUI Conviction in Ohio?
All DUI cases differ in their details and circumstances. An experienced DUI attorney can help present these facts effectively, which may be critical in avoiding a DUI conviction or minimizing its consequences. These efforts will always help ensure you keep your driving privileges if possible. However, if your BAC exceeds .17 or you refuse a breathalyzer test, the judge can impose even more jail time.
In addition to any administrative suspension, the court will almost always impose a Class Five license suspension for your first OVI conviction, which can result in an immediate license suspension. This suspension could last from six months to more than three years. While there may be limited exceptions to allow driving to work or school, the courts generally require strict adherence to your legal obligations, keeping your driving privileges to an absolute minimum.
With the amount you and your family depend on your mobility, losing your driving privileges can severely impact your and your family’s life. Obtain the legal guidance of a local DUI lawyer to vastly improve this loss from occurring. Your winning law team will always fight to keep your rights and privileges intact.
Can I Beat My 1st Time DUI Charge In Ohio
The days of expecting leniency or pleading down a first-time DUI case automatically are over. That said, it is possible to beat a DUI charge. Still, you must obtain a Cincinnati DUI lawyer who’s experienced in these cases and regularly and successfully practices aggressive DUI defenses.
Some of the ways your DUI lawyer may beat your 1st time offense are:
- Plead Not-Guilty; as with any other plea, Plead Not-Guilty will lose your right to challenge your DUI charge.
- Request a pretrial meeting with the prosecutor where your lawyer will argue that your charge should be dismissed or reduced.
- Request a discovery that includes evidence from your case, including police reports, video, witness statements, field sobriety test results, chemical test results such as a portable breath test, blood test, or urine test, etc.
- Your law team will analyze all the discovery responses for areas that they can challenge.
- Move to suppress evidence, and prepare for trial if that’s needed.
These are only a few examples. Often, your DUI lawyer will focus on the DUI arrest itself and examine every detail of the case to identify errors or violations that could challenge the prosecution. The goal is to prevent a DUI conviction or, in some cases, have your charges dismissed altogether.
Is It Really Possible To Have My 1st Time DUI Charges Dropped in Ohio?
The simple answer to this vital question is, yes, it is possible. This fact holds as long as you have not pleaded guilty. Once you plead guilty or enter a “no contest” plea, you altogether forfeit the right to challenge your DUI charge through the legal process.
Depending on your case, there are numerous ways to legally challenge your 1st time DUI charge, such as:
- You do not have to take a field sobriety test.
- There was no stop, and the police did not ID you as driving the motor vehicle.
- You were stopped without cause.
- There was no concrete legal reason to administer the chemical or breathalyzer test.
- There were errors made when administering and field tests, and many more.
The primary way to ensure you have a fighting chance to dismiss your 1st time DUI charge is to hire a capable, experienced Cincinnati DUI attorney with the drive and diligence needed to handle your criminal case effectively. After a DUI arrest, time is critical—your driver’s license could face an automatic license suspension or administrative suspension from the DMV hearing, often even before your court date.
An experienced DUI defense attorney will know that a “Request for Discovery” should be filed immediately. This step in the drunk driving defense process helps uncover the events leading up to the arrest, including the police officer’s actions, breathalyzer calibration, and whether the legal limit was properly determined. The defense can also investigate whether the stop at the police station and any questioning complied with your right to remain silent under the law.
Understanding how someone might be charged with driving under the influence is crucial to building a strong defense. Factors such as prior convictions, plea deals, and evidence of an ignition interlock device requirement can significantly affect your case outcome and the possibility of a license suspension.
A skilled DUI lawyer will consider many defenses to challenge your criminal charges, such as field sobriety test errors, unlawful stops, or procedural violations. Remember that even the smallest mistake by law enforcement can reduce or even dismiss the charges against you—potentially preventing a criminal record, avoiding court costs, and minimizing the financial burden that comes with a DUI conviction. Beyond the courtroom, avoiding a DUI conviction also helps protect your personal relationships and future employment opportunities.
I’ve Been Charged With My First Time Dui Offense; How Should I Proceed?
Being convicted of any, including your first, DUI offense in Ohio can have a harsh and lasting impact on you and your family’s life and future. In today’s “transparent” world, it can affect your job, and social relationships, create housing issues, and much more.
So, if you’ve been arrested and charged with a 1st time DUI offense, the Cincinnati law offices of Ernst & Associates will provide you with premier legal representation from an experienced attorney and help you understand and successfully defend against these charges. They will be with you every step of the way and determine whether your DUI charges can be dismissed or how you can minimize any potential consequences or other consequences that may be imposed. Their team is also transparent about legal fees, ensuring you understand the costs involved before moving forward. When searching for a good attorney to handle your case, their firm stands out for dedication and results. Call them today at (513) 960-4699 to schedule a free consultation and obtain the legal help you must have without delay.
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