In the event that you have been charged with driving under the influence (DUI) or operating a vehicle while intoxicated (OVI), you will face complex penalties.
At Hiltner Trial Lawyers, Max Hiltner believe that people shouldn’t be defined by one mistake – and that innocent people should never end up in prison. We have years of experience defending people throughout Ohio against DUI/OVI charges.
In Canton, Ohio, it is against the law to drive under the influence of alcohol or drugs. If you are caught driving while impaired, you will be subject to a number of penalties. These can include a fine, license suspension, and even jail time.
If this is your first offense, you will likely face a fine of up to $1,000 and a license suspension of up to six months. If you have prior offenses, the penalties become more severe.
It is important to note that these are just the general penalties for DUI in Ohio. If you cause an accident while driving under the influence, you could be facing much more serious charges. If someone is injured or killed as a result of your actions, you could be charged with vehicular manslaughter or assault.
If your blood alcohol level is less than .17% (low level), you could be facing any of the following:
If your blood alcohol level was more than .17% (high level), you could be facing double the jail time, but the other penalties typically remain the same.
If you’re arrested for a second OVI in 10 years, you could be facing any of the following for low level blood alcohol findings:
Again for high level second-time offenses, the jail time (or house arrest time) could be doubled.
If you’re arrested for a third OVI in 10 years, you could be facing any of the following for low level blood alcohol findings:
Again for high level third-time offenses, the jail time (or house arrest time) could be doubled.
If you have been charged with DUI / OVI in Canton, Ohio, it is important to understand the possible defenses that may be available to you.
An experienced DUI / OVI defense attorney can analyze the facts of your case and determine which defenses may be applicable.
Some common defenses to DUI / OVI charges include:
It’s important to get in touch with your Canton, Ohio criminal defense attorney to discuss which defense strategies will be best in your particular case.
A 63 year-old woman in poor physical health was involved in a traffic accident while driving her disabled husband home from dinner. Both cars were totaled by the force of the impact. The arresting officers mistook her disorientation from the accident for intoxication and charged her with causing the accident and a DUI. Our client admitted she was at fault for the accident, but maintained for the last six months that she was not intoxicated and hadn’t been drinking. The officers testified that she failed the field sobriety tests, had slurred speech, red-bloodshot-glassy eyes, strongly smelled of alcohol, and refused the breathalyzer test. Hiltner explained to the jury that in order for them to find our client guilty, they’d have to believe that a loving spouse who retired to take care of her severely ill husband, would put his life in danger by drinking and driving. The jury agreed, and the client was not only found not guilty of the DUI, but also not guilty of causing the accident entirely.
Hiltner represented a young doctor facing an allegation of drinking and driving. If convicted, the young doctor could have suffered serious career repercussions. During the stop, the man admitted to having several drinks, performed all field sobriety tests, and was arrested. At the station, he refused to submit to an alcohol test. At trial, Hiltner played video of the stop and the trooper admitted that the sobriety tests he administered were not done properly. Again, after being confronted with the video, the trooper admitted that the young doctor actually passed most of the field sobriety tests. Hiltner put on no witnesses or testimony. The court reached a not guilty finding instantly.
A young woman was charged with her 4th lifetime OVI. She was pulled over for driving the wrong way on the freeway. A police officer observing the young woman immediately pulled her over. The woman admitted to sometimes drinking and taking prescription medications, and at the scene she failed all field sobriety tests and refused a breath and chemical test. The young woman was adamant that she wasn’t intoxicated and refused to accept any plea deals. Hiltner prepped fully for trial and showed up the morning of the trial with the young woman. However, instead of proceeding to trial, the State chose to dismiss all charges instead of risking trial.
A young professional was pulled over in the early morning hours for a report of an intoxicated driver. Several vehicles had reported the vehicle due to reckless driving to authorities before she was finally stopped. During the stop, the woman admitted to drinking several drinks. She also failed all field sobriety tests. She had also just been convicted of an OVI/DUI less than 6 months prior to this stop. She was facing a minimum of 30 days in jail, losing her children, job, etc. Hiltner worked up the case and found several crucial weaknesses in the State’s case. Less than one month after Hiltner was hired, all charges were dismissed against the woman except for a minor traffic infraction which resulted in a small fine.
A young business professional and well-respected member of the community was stopped and cited for an OVI (DUI). His career, livelihood, and reputation hung on the outcome of this case, so Hiltner was trusted to handle it. After months of negotiations and a pending motions filed by Hiltner, the prosecutor agreed to amend the OVI charge to a minor misdemeanor charge of failure to control a vehicle for a minimal fine.
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