If you’ve been charged with a DUI or OVI in Akron, Ohio or anywhere in Summit County, the experienced attorneys at Hiltner Trial Lawyers are ready to defend you.
DUI / OVI Cases in Ohio
Many of us have had a night out that led to a few drinks, but the danger arises if we try to get behind the wheel afterwards.
Driving under the influence charges (also known as DUIs) are referred to as operating while intoxicated charges (OVIs) in Ohio, and the penalties are dependent upon the number of OVI convictions the offender has had within the past ten years.
1. First-Offense OVI/DUI in Ohio
If your blood alcohol level is less than .17% (low level), you could be facing any of the following:
- Maximum 6 months in jail
- Minimum 3 days in jail or 3-day Drivers Intervention Program
- Maximum 5 years of probation
- Fine between $375-$1,075
- Suspended license (1-3 years)
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.
2. Second Offense OVI/DUI in Ohio
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:
- Maximum 6 months in jail
- Minimum 10 days in jail or 5 days in jail and 18 days of house arrest with electronic monitoring
- Maximum 5 years of probation
- Fine between $525-$1,625
- Suspended license (1-7 years)
- Mandatory alcohol/drug assessment and recommended treatment
Again for high level second-time offenses, the jail time (or house arrest time) could be doubled.
3. Third Offense OVI/DUI in Ohio
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:
- Maximum 1 year in jail
- Minimum 30 days in jail or 15 days in jail and 55 days of house arrest with electronic monitoring
- Maximum 5 years of probation
- Fine between $850-$2,750
- Suspended license (2-10 years)
- Mandatory alcohol/drug assessment and recommended treatment
Again for high level third-time offenses, the jail time (or house arrest time) could be doubled.
At Hiltner Trial Lawyers, we have successfully defended many people with DUI / OVI charges.
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FAQs About DUI / OVI Charges in Ohio
What is considered a DUI or OVI in Ohio?
In Ohio, a DUI is legally called Operating a Vehicle Impaired (OVI). You can be charged if your blood alcohol concentration is 0.08% or higher, or if alcohol, drugs, or a combination of substances impaired your ability to drive safely.
Can I be charged with DUI even if my BAC is below 0.08%?
Yes. Ohio law allows OVI charges even when a driver’s BAC is below 0.08% if law enforcement believes alcohol or drugs impaired their driving. Prescription medications, illegal drugs, and marijuana can also lead to DUI charges.
What happens during a consultation with a DUI defense attorney?
During a consultation, the attorney will review the traffic stop, arrest, and test results, explain the charges and possible penalties, and discuss defense options. The conversation is confidential and focused on protecting your license and your future.
What penalties can I face for a DUI conviction in Ohio?
DUI penalties depend on prior offenses and the facts of the case. Consequences may include:
- Jail time
- Fines
- Driver’s license suspension
- Mandatory alcohol education
- Ignition interlock requirements
- Increased insurance costs
Will my driver’s license be suspended after a DUI arrest?
Yes, in most cases. Ohio imposes an Administrative License Suspension (ALS) immediately after a DUI arrest if you fail or refuse a chemical test. A defense attorney may be able to challenge or reduce the length of the suspension.
Do I have to submit to a breath, blood, or urine test?
Yes. Under Ohio’s implied consent laws, drivers are required to submit to chemical testing. Refusing a test can result in harsher penalties and longer license suspensions, although test results and refusals can still be challenged in court.
Can a DUI charge be reduced or dismissed?
Yes. DUI charges may be reduced or dismissed if evidence was improperly obtained, testing procedures were flawed, or constitutional rights were violated. Each case requires a detailed review of police conduct and forensic evidence.
What should I do after being arrested for DUI in Ohio?
You should avoid discussing your case with law enforcement and contact a DUI defense attorney as soon as possible. Early legal guidance can help protect your driving privileges and position your case more effectively.
How can a DUI defense attorney help my case?
A DUI defense attorney can challenge breath and blood test accuracy, field sobriety testing, traffic stops, and police procedures. Effective legal representation can significantly influence the outcome of your 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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Contact Ohio attorney Max Hiltner if you’ve been charged with a DUI / OVI
DUI / OVI charges — especially when compounded — can be life-changing, affecting your career, reputation, and family situation. Don’t let it happen to you. Contact Max Hiltner if you’re facing a DUI / OVI.
“Max Hiltner is dynamite in the courtroom by connecting with the jury, recalling facts and cultivating good relationships with the opponents and presiding judge. He is professional, dedicated, honest and cares about the livelihood of his clients and their families. He excels in negotiating and hiring experts necessary for a well rounded defense. Max was one of my lawyers that stood between me and a life sentence. Without him on my team I would still be in prison. He will fight for you.”
- Colleen O.
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