Some people believe they can represent themselves when faced with OVI (Operating a Vehicle while Intoxicated) or DUI (Driving Under the Influence) charges in Ohio to save money. However, this approach often leads to unintended consequences. Navigating the legal system without experience can damage your case and, in the worst scenarios, your future.
At Hiltner Trial Lawyers, we understand the impact DUI charges can have on your life. Our team of criminal defense lawyers, led by Max Hiltner, has built a proven track record of helping clients through situations like yours, and our dedication to protecting your rights is at the core of everything we do.
In this blog, we’ll discuss what constitutes DUI in Ohio, the consequences of being charged with this criminal offense, and why having a lawyer to support your case can make a significant difference.
How Can a DUI Lawyer in Ohio Help?
It’s essential to approach DUI charges with the right legal support. While you have the right to represent yourself, doing so can leave you vulnerable to the prosecution’s strategies.
- We Understand the Legal Nuances: DUI laws in Ohio are intricate, and an attorney can ensure you’re aware of your rights and the legal options available to you.
- We Will Help You Build a Strong Defense: An experienced lawyer will scrutinize the circumstances of your arrest, the validity of the tests conducted (such asthe breathalyzer test), and whether law enforcement followed proper procedure.
- We Offer Skilled Negotiation and Legal Representation: Prosecutors may attempt to increase charges or penalties based on additional allegations. A defense attorney can negotiate on your behalf to reduce the charges or penalties.
At Hiltner Trial Lawyers, our team is prepared to challenge DUI charges on multiple fronts. The circumstances of your arrest, the evidence presented, and the procedures followed all provide opportunities for a defense strategy.
When Can You Face DUI Charges in Ohio?
In Ohio, DUI charges are formally known as “Operating a Vehicle while Intoxicated,” but are commonly referred to as DUI. Law enforcement officers can charge you with a DUI if they suspect you are:
- Operating any vehicle under the influence of drugs or alcohol
- Driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher (ORC 4511.19)
- Operating a vehicle while impaired by legal or illegal drugs, including mind-altering pharmaceuticals, marijuana, heroin, LSD, or cocaine
Ohio Revised Code Section 4511.19 specifically outlines the legal limits for various substances that can result in a DUI arrest. For example, if your BAC is 0.08% or more, you can be arrested for a DUI. However, the statute also covers the influence of drugs, such as:
- Marijuana: A concentration of 10 nanograms per milliliter or more in your urine or 2 nanograms per milliliter or more in your blood can lead to a DUI charge.
- Cocaine: A concentration of 150 nanograms per milliliter or more in your urine or 50 nanograms per milliliter or more in your blood.
- LSD: A concentration of 25 nanograms per milliliter or more in your urine or 10 nanograms per milliliter or more in your blood.
- Heroin: A concentration of 2000 nanograms per milliliter or more in your urine or 50 nanograms per milliliter or more in your blood.
Even prescription medications, such as certain opioids or sedatives, if taken in amounts that impair your ability to operate a vehicle, may lead to DUI charges under this statute.
This comprehensive law covers not only alcohol but also a wide range of controlled substances and prescription medications. It’s crucial to understand that the presence of any of these substances in your system, if above the legal threshold, can lead to your arrest for DUI in Ohio.
What Consequences Come With DUI Charges?
After being pulled over for a suspected DUI, law enforcement may subject you to several tests to determine your level of intoxication. While you have the right to refuse these tests, refusal often results in immediate arrest and administrative penalties, such as the suspension of your driver’s license under Ohio’s implied consent law (ORC 4511.191).
If convicted of a first-time DUI, the consequences can still be severe, with penalties increasing for subsequent offenses. Potential consequences include:
- Incarceration: A minimum of three days in jail
- License Suspension: Up to three years
- Fines: Ranging from $375 to $1,075, depending on the offense (ORC 4511.19)
The severity of these penalties can increase if you have prior convictions or if the DUI incident caused an accident, resulting in property damage or injury.
With such serious consequences at stake, having a seasoned criminal defense lawyer by your side can help ensure your rights are protected and that you understand all your legal options. They can provide valuable guidance through the complexities of the legal system in Ohio, helping to potentially reduce penalties or seek alternative sentencing options.
Statute of Limitations for DUI in Ohio
In Ohio, the time limit for bringing DUI charges depends on whether the offense is classified as a misdemeanor or a felony.
- First-time misdemeanor DUI offenses: The statute of limitations is two years from the date of the incident.
- Felony DUI charges (if there are prior convictions or serious injury): The statute of limitations is six years (Ohio Revised Code Section 2901.13).
While the law allows up to two or six years for filing charges, law enforcement typically moves quickly, often filing charges shortly after the incident. When you work with the right legal team, you’ll receive comprehensive legal support from the moment of your arrest through the resolution of your case.
Contact Our Ohio DUI Lawyers at Hiltner Trial Lawyers Today
You don’t want to face DUI charges with inexperienced legal representation. At Hiltner Trial Lawyers, we have years of experience successfully defending clients against DUI charges in Ohio.
Our client-centered approach ensures we tailor a defense strategy that aligns with your unique needs, with the goal of achieving the best possible outcome for your case.
Contact us today at (330) 475-3164 to discuss your case and take the first step toward safeguarding your rights.
