Cleveland, Cincinnati, Columbus, and Toledo are cities in Ohio. It doesn’t matter what city you’re in; driving under the influence is always illegal. Two main statutes prohibit intoxicated driving, including operating under the influence (OVI) and operating a vehicle after underage consumption (OVAUC).
If you are driving a vehicle under the influence of drugs, alcohol, or both, with a blood alcohol concentration (BAC) level of 0.08 percent or higher, you can be charged with drunk driving in Ohio. If your BAC is .17 percent, you could receive a harsher sentence for high-test results.
For a first-offense DUI, you could receive up to six months in jail, fines of up to $1,075, and a license suspension of up to five years. Ohio is also a zero-tolerance state for drivers younger than 21.
Is a DUI a Misdemeanor or a Felony?
A DUI is a criminal offense in Ohio. A first-offense DUI is considered a first-degree misdemeanor. Penalties include possible jail time, fines, and license revocation. Probation is also a possibility instead of jail time.
If caught drinking and driving a second time, you will be charged with a second misdemeanor and harsher consequences—possible jail time, steeper fines, and a longer license suspension.
A DUI becomes a felony when a person has three or more DUI offenses or caused property damage and serious bodily harm to another person or people in a car accident due to impaired driving.
Legal Implications and Criminal Penalties for a DUI Offense
When you drive while above the legal limit, a DUI/OVI conviction may be the result, and the consequences you face are contingent on several factors. If you had prior offenses or your blood alcohol content is above the limit, the penalties are even harsher.
DUI/OVI First Offense
The first DUI/OVI conviction could result in jail time with a mandatory 3-day sentence up to 6 months. You’ll have to pay fines upwards of $565, and you’ll have a driver’s license suspension between one and three years. Six points will be added to your driver’s license, and you will have a criminal record. You may be able to apply for limited driving privileges, be required to install an ignition interlock device, or receive house arrest, though that will depend on the ruling in court.
DUI/OVI Second and Subsequent Offenses
With a second conviction within 6 years of your first, the minimum mandatory jail term is 10 days with a second DUI/OVI conviction. Fine minimums are set to $715, and you’ll also face a driver’s license suspension from one to seven years plus court ordered treatment for alcohol or drugs will need to be completed.
For a third or subsequent offenses within 6 years, you may spend up to one year in jail. These harsh penalties also include a minimum of $1,040 in fines and an administrative license suspension minimum of 2 years, with a maximum of 12 years.
Does a DUI Affect Insurance Forever?
In the first year after a DUI conviction, insurance premiums increase an average of 94 percent. Gradually this number decreases over time and stops affecting insurance, though it can take up to seven years to normalize.
A driving under the influence conviction typically impacts your insurance rates for at least three years. This depends on the insurance company. Some carriers may choose not to offer you coverage as you are a liability, especially for underage drinking and driving offenders.
When calculating premiums, the rule of thumb for most insurance companies is to review your motor vehicle records for the last three to five years. However, significant violations like a DUI charge are a red flag, so some carriers might choose to dig deeper into your history.
The Legal Process Involved for DUI/OVI Cases
Whether you were sitting in your parked car or you were stopped in traffic, if an officer suspects you consumed alcohol, they may administer tests. These will include field sobriety tests, a breathalyzer test, chemical test, or even urine tests. The results of these tests may cause the officer to determine you are impaired, leading to an OVI arrest.
An automatic license suspension will be issued, and you will then be arraigned for your first court appearance. At this point, you will need to enter a plea, and before you do, it is imperative you seek representation from a DUI lawyer for your OVI charges, whether you have a prior conviction or a clean record.
As your case progresses, your attorney will represent you through pre-trial hearings, trial, and sentencing. They may advise you to make a plea bargain to reduce the significant penalties you face, or they may be able to help you get into a driver intervention program as an alternative. There is also the potential for them to get the charges dismissed, which can happen if evidence shows that an officer improperly administered field sobriety tests or other chemical tests.
Can You Remove a DUI Charge?
Removing a charge from your record is called expungement. Not all crimes are eligible for removal; in this case, a DUI is one of those charges.
As some states allow you to remove a DUI after a certain period, if you’re convicted of a DUI or charge or any traffic offense, it will stay on your record forever in Ohio. A DUI conviction is six points, and the points drop off after two years. However, the conviction will never be removed under any circumstances.
Tips for Individuals Arrested for Drunk Driving in Ohio
Driving a motor vehicle impaired is against the law, and if you are pulled over on suspicion of this action, you should never argue with the officer. Always be polite and cooperative. If you are arrested, ensure that you assert your right to speak with an attorney. Whether you have a past criminal record or not, a DUI defense is critical for the most favorable outcome.
How Ernst & Associates Can Assist with DUI Defense
If you are facing the severe consequences of these criminal charges, our DUI legal team can help. Contact our team today at 513-579-9500 for immediate legal assistance.
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