Multiple OVI Lawyer in Hamilton County

Understanding Multiple OVI Laws in Ohio 

In Ohio, the crime of Operating a Vehicle while Impaired (OVI) is primarily defined under Ohio Revised Code (O.R.C.) § 4511.19. A person commits this offense if they operate a vehicle while under the influence of alcohol, drugs, or a combination of both, or with a blood alcohol concentration (BAC) of 0.08% or greater. 

The key to a multiple OVI charge is the state's "look-back" period, which is a critical factor in determining the severity of the charges and the potential penalties. A prior OVI conviction from within the last ten years will count as a "prior" for sentencing purposes. A knowledgeable multiple OVI lawyer in Hamilton County will meticulously analyze the specific details of your case.

To convict you of multiple OVIs, the state must prove, beyond a reasonable doubt, the following elements:

• Operation of a Vehicle: This means you were in actual physical control of the vehicle. This can be a contested element in cases where a person is found in a parked car with the keys in the ignition.
• Impairment: The prosecution must prove that you were impaired. This is typically established in one of two ways:
  • Per Se OVI: The state proves that your BAC was 0.08% or greater, based on a breathalyzer (Draeger) or blood test result.
  • Subjective OVI: The state proves that you were under the influence of alcohol or drugs and that your mental or physical faculties were substantially impaired, even if your BAC was below 0.08%. This is often proven through an officer's observations and your performance on Field Sobriety Tests (FSTs).
• Prior Convictions: This is the critical element that distinguishes a multiple OVI from a first offense. The prosecution must prove that you have the requisite number of prior convictions within the last ten years.

The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on FSTs, and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced Hamilton County multiple OVI attorney.

Classifications and Degrees of Multiple OVI Offenses

Ohio law has a clear progression for OVI charges, with each subsequent offense carrying more severe penalties.

• First Offense: A first-degree misdemeanor.
• Second Offense within 10 years: A first-degree misdemeanor. The penalties are significantly increased from a first offense.
• Third Offense within 10 years: A first-degree misdemeanor. The penalties are further increased.
• Fourth or Subsequent Offense within 10 years (Felony): This is automatically a felony offense, with the degree of the felony increasing based on the number of prior convictions. For example, a fourth or fifth offense within 10 years is a fourth-degree felony, and a sixth or subsequent offense within 20 years is a third-degree felony.

It is also important to note that an OVI charge can be a felony even on a first offense if certain aggravating factors are present. For example, if your OVI causes serious bodily injury or death, it can be prosecuted as a felony. Our firm is prepared to defend against all levels of these charges and is an assertive multiple OVI lawyer in Hamilton County.

Penalties of Multiple OVI Convictions in Ohio

A conviction for a multiple OVI charge in Ohio can result in a complex web of direct penalties and far-reaching collateral consequences that will impact your life for years to come. 

The severity of the penalties depends on the specific classification of the offense:

• Second OVI (Misdemeanor): A jail term of 10 days to one year, a fine of $525 to $1,625, and a license suspension of one to seven years. The court will also order specialized license plates and vehicle immobilization.
• Third OVI (Misdemeanor): A jail term of 30 days to one year, a fine of $850 to $2,750, and a license suspension of two to twelve years. The court will also order specialized license plates and vehicle forfeiture.
• Felony OVI (Fourth Offense): A prison term of 6 to 36 months, a fine of $1,350 to $10,500, and a license suspension of three years to life.

These are just the direct penalties. A multiple OVI conviction can also lead to court-mandated alcohol education and treatment, a required ignition interlock device (IID) on your vehicle, and other fees. The costs, both financial and personal, are astronomical.

Collateral Consequences

A criminal record for a felony OVI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony OVI conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense for Multiple OVIs

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Hamilton County multiple OVI attorney, we will leverage every possible defense, including:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Challenging Prior Convictions: The state must prove that your prior OVI convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.

Why Choose Shark Law as Your Multiple OVI Attorney

Clients choose us for our unrivaled blend of experience, local knowledge, and personalized service. With Shane 'The Shark' Herzner's recognition as a formidable advocate, we emphasize clear communication and continuous support for our clients in Hamilton County.

Our unique approach is deeply rooted in our understanding of both prosecution strategies and individual client needs. This dual perspective allows us to craft defenses that are not only legally sound but also strategically effective, offering a robust counter to the aggressive tactics employed by the prosecution. At Shark Law, we pride ourselves on being more than just legal representatives; we are your dedicated partners in navigating every challenge that arises.

Moreover, our commitment to accessibility ensures you’re never left in the dark. Whether you have questions at the start, middle, or even nearing a resolution, our team remains available to address your concerns and provide reassurance. These open lines of communication are crucial during such a critical time in your life, helping to ease the stress and uncertainty you may face.

We offer free consultations and affordable services. Call (513) 924-4378 or reach out online to speak with our multiple OVI lawyer in Hamilton County.