What Are Examples of Penalties For a 1st Time DUI Offense in Ohio?
A drunk or impaired driving charge is commonly called a DUI in most states. However, in Ohio, the term OVI is commonly used. You can be charged with a DUI (or OVI) if your breathalyzer or chemical test shows a blood alcohol content of .08% or higher.
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 DUI 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, and alternatively, you will attend a driver’s intervention program. This is preferable to any jail time; however, the help of your Cincinnati DUI law team will be invaluable in obtaining this legal alternative.
Also, even a first-time DUI offense (and 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 vehicle. 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 DUI 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. These facts appropriately presented by your DUI lawyer 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. This suspension could last from six months to more than three years. There may always be limited exceptions to your suspension for getting you to work or school, but the courts will commonly keep your driving 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 DUI 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 DUI 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, 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 arrest itself and look for things the police did that may jeopardize the prosecution’s case or 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 entered a guilty plea. If you enter a guilty or a “no contest” plea, you altogether forfeit the right to challenge your DUI Charge.
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 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 get a capable, experienced Cincinnati DUI attorney with the drive and diligence needed to make your case effectively.
For example, your experienced DUI defense attorney will know that a “Request for Discovery” should be filed immediately. This will allow the time they need to investigate all the evidence the prosecutor will present thoroughly.
A skilled DUI lawyer will consider several defenses you can use in your case. You must know that even the most minor error can reduce and potentially dismiss the charges against you.
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 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 that may be imposed. Call them today at (513) 579-9500, and obtain the legal help you must have without delay.