Frequently Asked OVI/DUI Questions
Answers from a DUI Attorney in Ohio
Everyone has heard of driving under the influence (DUI) and operating a vehicle under the influence (OVI), but do you know what is involved in these charges? Perhaps you have been arrested, and you are now looking for answers and information about what has happened and what to do next. If this is true, then you have come to the right place!
Herzner Law, LLC is a seasoned law firm that has helped countless clients fight charges of DUI / OVI in the Cincinnati area. We have a thorough knowledge of Ohio DUI / OVI laws and your rights when it comes to police stops, chemical tests, license suspensions, and other factors that are involved in a DUI arrest. Do not hesitate to call us today for a free telephone consultation with Attorney Shane Herzner. We'll answer your call anytime 24/7, even on the weekends, to help you see why our firm is an excellent choice for your DUI defense.
Common DUI / OVI Questions
What's the difference between DUI and OVI?
There is essentially no difference between the term "DUI" and the term "OVI" in Ohio. "OVI" stands for "operating a vehicle under the influence" and is the official term found in the Ohio Revised Code. "DUI" stands for "driving under the influence" and is a locally understood term defining the crime of drunk driving. Both mean the same thing, but OVI is the official term in Ohio laws.
What do I do after being pulled over?
The first thing you should do when you are pulled over for OVI is to remain calm. Be respectful to the officer at all times. Comply with any requests that the officer makes that are within your rights. Take a mental note of how the officer behaves, what they say and ask you to do, and how he or she demonstrates any sobriety or chemical tests. Most importantly, do not say anything incriminating. Let the officer make decisions based on the evidence he or she gathers. If you are arrested, be sure to retain a Cincinnati DUI defense attorney right away to begin handling your case.
How much can I drink before I can be arrested for DUI?
For drivers who are 21 years old or older, the legal blood alcohol content (BAC) limit is 0.08%. Anyone found to have a BAC of 0.08% or higher may be arrested for OVI. A person must be operating a commercial motor vehicle at the time of the arrest for the 0.04% limit to kick in. The limit is 0.02% for drivers under the age of 21.
Can I still fight my OVI charge if I've failed a field sobriety test?
Yes. Just because you failed a field sobriety test does not mean that you are without grounds for defense. Officers can make mistakes when administering field sobriety tests, including the one-leg stand the horizontal gaze nystagmus, and the walk-and-turn test. Sober people may fail these tests because of nervousness, fatigue, inner ear problems, physical impairments, and other matters that affect their ability to perform the tests. Our team can build a strong case to have your field sobriety test results deemed invalid or inadmissible in court.
Can I still fight an OVI charge if I failed a chemical test?
Yes. Chemical tests are one of the main ways that an officer gathers evidence of a person's intoxication. The results of these tests can be faulty, however. Whether you have failed a breath test, a blood test, or a urine test, an attorney may be able to fight your test - and therefore your DUI charge - based on misconduct, mishandling, or contamination during processing.
What are the penalties for DUI in Ohio?
A conviction for DUI in Ohio can result in fines, possible time in jail or even prison, an administrative license suspension, vehicle immobilization, mandatory completion of an alcohol treatment program, and a misdemeanor or felony on your criminal record. Multiple DUI convictions within six years of a prior conviction can result in higher fines, longer sentences, and longer suspensions.
What should I do if I don't agree with the judge's decision?
If you receive a negative ruling from the judge, you can appeal the decision. A DUI attorney who understands the process can work with you to create an appeal that may reverse the judge's decision.
Wouldn't it just be easier to represent myself?
Unfortunately, no. Without a comprehensive understanding of Ohio's DUI laws and penalties, it is extremely difficult to fight your case successfully by yourself. A DUI attorney has special training which they can use to fight your conviction in court.
What happens if I have previous DUI convictions on my record?
Ohio has a lookback period of six years. This means that if you've been convicted of a DUI within the last six years, it can be counted against you on any current DUI arrests. This can increase the severity of your charges.
Can I refuse to take a chemical test?
You can technically say no to a chemical test. However, Ohio has an implied consent law, which means that every time you get behind the wheel of your car, you agree to take a chemical test if pulled over. If you do refuse, your license may be suspended for one year for a first offense.
Why Hire a Cincinnati DUI Attorney from Herzner Law, LLC?
If you have been arrested for drunk driving, you should not hesitate to retain a DUI defense lawyer. Herzner Law, LLC has over a decade of experience and works as a team to build the strongest possible cases. We keep clients informed, provide them with information throughout the course of their cases, and never push them one way or the other when faced with a decision. The direction of your case is ultimately your decision, but our knowledgeable team is here to help you make a confident choice.
Our firm has successfully handled hundreds of DUI cases and can put our experience to work for your case. We offer free phone consultations and provide 24/7 availability to all of our clients. Attorney Herzner has also been selected for inclusion in the 2013 list of Ohio Super Lawyers® Rising Stars℠, has a former police officer working on his staff, and his insight can be of great benefit to you. When faced with a DUI arrest, you deserve to work with someone you can trust. Attorney Herzner is committed to fighting for your best outcome no matter how long it takes.
Contact us today at (513) 280-8405 for the representation of a lawyer who can give you an edge in your defense!