Cincinnati OVI Accident Attorneys
Fight the Charges and Start Your Defense Strategy
Being charged with an OVI accident can be a stressful and overwhelming experience. If you have been accused of driving under the influence and causing an accident, you may be facing serious charges. At Shark Law, our Cincinnati OVI accident lawyer can provide you with the strong legal defense you need to fight the charges. We are committed to protecting your rights and fighting for you in court.
To schedule a consultation with our OVI accident attorney in Cincinnati, please call us today at 513-854-1374.
What Is OVI?
In Ohio, OVI means operating a vehicle under the influence. OVI applies to operating a vehicle under the influence of drugs or alcohol. If you are caught driving with a blood alcohol concentration (BAC) of .08% or higher, you can be charged with OVI. If you are under the age of 21, you can be charged with OVI if you are caught driving with a blood alcohol level of .02% or higher.
What Is an OVI Accident?
An OVI accident occurs when a driver is under the influence of drugs or alcohol and causes a crash. This can occur on a public road, highway, or even in a parking lot. If you are driving under the influence and cause an accident, you will likely be charged with an OVI and other offenses.
How Does an Accident Affect OVI Charges?
An OVI charge becomes a far more serious offense when an accident occurs. If the crash causes serious physical harm to another person, the prosecutor can charge you with aggravated vehicular assault, which is a felony offense. A conviction means mandatory prison time, a permanent felony record, and, in some cases, permanent license revocation.
Potential Charges for an OVI Accident in Ohio
If you are arrested for an OVI accident in Ohio, you could face a range of charges depending on the specific circumstances of the incident. Some of the potential charges include:
· OVI (Operating a Vehicle Under the Influence): This is the primary charge for driving under the influence of drugs or alcohol. Punishments can include fines, jail time, license suspension, mandatory alcohol or drug treatment programs, and points on your driving record. · Aggravated Vehicular Assault: If the accident results in serious physical harm to another person, you could be charged with aggravated vehicular assault. This is a felony, and penalties may include significant prison time, hefty fines, and a long-term suspension of your driver’s license. · Aggravated Vehicular Homicide: If the accident results in the death of another person, you could be charged with aggravated vehicular homicide. This is a serious felony charge with severe penalties, including long-term imprisonment and substantial fines. · Hit and Run: If you leave the scene of the accident, especially if it resulted in injury or death, you could face additional charges for hit and run. Penalties can include jail time, fines, and further suspension of your driving privileges. · Endangering a Child: If there was a child in your vehicle at the time of the OVI, you could face charges for endangering a child as well. This can lead to additional penalties, including fines and potential imprisonment. · Open Container Violations: If there are open containers of alcohol found in your vehicle, you can be charged with an open container violation. This typically results in fines and could contribute to the severity of your OVI sentencing.
At Shark Law, our experienced Cincinnati OVI accident attorney will work tirelessly to defend you against these charges and minimize the impact on your life. Please contact us at 513-854-1374 for a consultation.
Examining the Prosecution’s Case
The burden of proof in an OVI accident case rests entirely on the state. The prosecution must prove every element of the offense beyond a reasonable doubt. We can begin constructing a thorough defense strategy by examining every step of the police investigation.
Police Interaction at the Crash Scene
Police officers arrive at the scene to secure the area and investigate the collision. Responding officers must establish reasonable suspicion of impairment to shift from a standard accident report to a criminal OVI investigation. We review police reports, body camera footage, and witness statements to determine if the officer had legal justification to detain you. If police violated your constitutional rights, a judge can suppress the evidence.
Field Sobriety Tests
Law enforcement uses roadside field sobriety testing to establish probable cause for an arrest. The National Highway Traffic Safety Administration (NHTSA) regulates how officers must administer and score the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus tests. Police officers may administer these tests incorrectly, and environmental factors such as uneven pavement, poor lighting, and loud traffic can compromise results. Physical conditions, such as inner ear issues, bad knees, or even simple fatigue, can also invalidate these roadside exercises.
Chemical Testing Inaccuracies
Breath, blood, and urine tests can produce inaccurate results. Breathalyzer machines must be regularly maintained, meticulously calibrated, and operated in accordance with specific procedures. Results can be unreliable if the police department fails to maintain the machine properly. Officers are required to observe the subject for 20 minutes before administering a breath test to ensure the person does not burp, vomit, or ingest anything that could alter the breath sample.
Blood tests are prone to similar vulnerabilities. We investigate the chain of custody, the blood sample’s storage temperature, and the laboratory protocols used to analyze the blood.
Ohio’s Implied Consent Rules
By operating a vehicle on Ohio public roads, you automatically agree to submit to chemical testing after a lawful OVI arrest under the Ohio Revised Code Section 4511.191 Implied Consent. This agreement is a condition of driving privileges in this state, but the legal obligation applies only after an officer makes an arrest.
You have a right to decline portable breathalyzer devices and field sobriety testing at the crash scene. The rules change once an officer places you in custody and transports you to a police facility. At the station, law enforcement will demand a breath, blood, or urine test.
The arresting officer must read a statutory warning listing the penalties for refusal before conducting the test. These consequences include the following:
· Immediate administrative driver’s license suspension · Mandatory one-year driving suspension for a first-time refusal · Two-year suspension for a second refusal within 10 years · Significant reinstatement fees to get your license back
Declining a chemical test after an arrest can also impact your criminal case. Prosecutors argue in court that a refusal demonstrates consciousness of guilt and that you refused the test because you knew the results would prove your impairment. Our Cincinnati OVI accident attorney can highlight alternative reasons for refusal, such as a physical condition or the officer’s failure to read the required legal warnings.
How to Fight OVI Accident Charges
When you are facing OVI accident charges, it is important to remember that you are innocent until proven guilty. If you have been charged with an OVI accident, you have the right to defend yourself in court. An experienced OVI accident lawyer in Cincinnati can help you build a strong defense against the charges.
Several defenses may be used to fight OVI accident charges:
· Challenging the field sobriety tests: Field sobriety tests are not always accurate. Many factors can cause a driver to fail a field sobriety test, such as poor lighting, inclement weather, and more. If the field sobriety tests were not conducted properly, the results may be inadmissible in court. · Challenging the breathalyzer test: Breathalyzer tests are not always accurate. Many factors can cause a breathalyzer test to produce a false reading. If the breathalyzer test was not calibrated correctly, the results may be inadmissible in court. · Challenging the blood test: Blood tests are the most accurate way to determine a driver’s BAC. However, many factors can cause a blood test to yield a false reading. If the blood test was not conducted properly, the results may be inadmissible in court. · Challenging the arrest: To arrest you for OVI, the police must have had probable cause to believe you were driving under the influence. If the arrest was illegal, your lawyer can argue to have the charges against you dropped. · Mistaken or involuntary intoxication: If you consumed alcohol or drugs without your knowledge or consent, this could serve as a defense against OVI charges. For instance, if your drink was spiked or you were given a substance under false pretenses, your lawyer can argue that you were not aware of your intoxicated state and did not willfully operate the vehicle under the influence. This defense hinges on proving that the intoxication was involuntary and not a result of your own actions or negligence.
If you are facing OVI accident charges, you should not hesitate to reach out to an attorney. An experienced attorney can review your case and help you understand your legal options. Your attorney can also help you build a strong defense against the charges. If you have been charged with an OVI accident, you should avoid speaking to the police without an attorney present.
Advanced Defense Tactics
To build a strong case, we dig below the surface-level police reports with the following tactics:
Reviewing Body Camera Footage
Video evidence can act as an unbiased witness in criminal proceedings. Police body cameras and cruiser dashboard cameras capture the entire investigation and arrest. We examine this footage to verify the timeline of events, observe your demeanor, and check for procedural errors made by law enforcement. In many cases, the video contradicts the written police report.
Accident Reconstruction
The state tries to use the accident as evidence of impairment in OVI cases involving collisions. Sober drivers get into accidents daily. Weather conditions, mechanical failure, poor road design, and the actions of other drivers can cause traffic crashes. We apply accident reconstruction principles to determine the true cause of the wreck, separating the crash dynamics from the OVI allegations.
Plea Agreement vs. Trial
At some point in your case, you will need to make critical decisions about how to resolve the charges.
Plea Agreement
In many cases, we can negotiate with the prosecuting attorney. If our investigation uncovers violations of your constitutional rights or flaws in the chemical testing, the prosecution may not have the evidence needed to secure a conviction. The state may offer a plea agreement to a lesser charge, such as reckless operation or physical control of a vehicle while under the influence. Alternative charges may carry much lighter penalties and may avoid the mandatory license suspension associated with an OVI conviction.
Trial
If the prosecutor refuses to dismiss the charges or offer a reasonable plea agreement, you have the right to a trial. Our Cincinnati OVI attorney can present your defense to a judge or jury. We can cross-examine the arresting officer, challenge the reliability of the state’s witnesses, and present evidence to establish reasonable doubt. The decision to go to trial is in your hands, based on a careful analysis of the evidence and potential risks.
Long-Term Consequences of a Conviction
An OVI conviction in Ohio creates a permanent criminal record that you cannot expunge or seal, and that impacts your life long after you pay the fines and serve the suspension. The collateral consequences extend into housing applications, educational opportunities, career opportunities, and professional licensing. Your auto insurance rates will increase significantly, or the provider may cancel your policy entirely, as insurance companies classify drivers with OVI convictions as high risk.
Why Hire Our OVI Accident Lawyer in Cincinnati?
A conviction for an OVI accident can have serious consequences. In addition to the penalties, an OVI conviction can lead to a permanent criminal record. A criminal record can make it difficult to find employment, secure housing, or retain your professional license. If you are facing OVI accident charges, you need an attorney on your side who will fight for you.
At Shark Law, our Cincinnati OVI accident lawyer can provide you with the strong legal representation you need to fight the charges. We are not afraid to take on tough cases and will do everything we can to help you obtain a favorable outcome. Our team is committed to providing each client with the personalized legal solutions they deserve. We will work closely with you to understand your situation and develop a legal strategy that is tailored to your unique needs.
To schedule a consultation with our OVI accident attorney in Cincinnati, please call us today at 513-854-1374.