DUI & OVI Attorney in Cincinnati

What Are the Mitigating Factors in an OVI/DUI Case in Ohio?

OVI/DUI cases can cause an incredible amount of stress to the individuals who are involved. If you have recently been charged with a DUI case, it’s likely your head is spinning with questions and concerns. In this article, our DUI and OVI law firm will explain some of the factors that can adversely affect these cases in Ohio, and some of the factors that might aid in finding a favorable outcome.

Every OVI/DUI case is different, full of unique circumstances that set it apart from others and influence its defense strategies and outcomes. A mitigating factor in these cases is something that may lessen the probability or harshness of penalties and can help to explain or invalidate an allegation made against you.

Some of the mitigating factors in an OVI/DUI case can include, but are not limited to:

• A safe driving record
• The charge being your first OVI/DUI offense
• A blood alcohol content (BAC) of less than .09%
• Lawful operation of the vehicle

While you cannot depend on these factors to change the outcome of your case, it is important to attempt to recollect every aspect of your traffic stop and the circumstances surrounding why you were driving, your conversations with law enforcement, and more. All of these factors can be used by a first-offense DUI/OVI attorney to bolster your defense strategy and support you in finding the most favorable outcome available to your situation.

What Are Aggravating Factors in an OVI/DUI Case?

There is a host of aggravating factors in any OVI/DUI case that are recognized by the state of Ohio. While there are many different sets of circumstances that may intensify the nature of your OVI/DUI case, it is important to note that all aggravating factors are not seen as equal. Aggravating factors in a DUI/OVI case commonly have sentencing guidelines that dictate the minimum penalty that will be given at the time of sentencing, if convicted.

Some aggravating factors and their penalties may include but are not limited to:

• A history of OVI/DUI charge(s) or conviction(s). If you have been convicted of OVI within the past six-year period, you will be penalized more harshly. If you are convicted of OVI for a third time within a six-year period, you may be subject to a one-year jail term. Fourth-time offenders are subject to felony charges and may be subject to prison sentencing. If you have been charged but were not convicted of DUI/OVI in the past, that charge will influence the way you are treated by the courts in your current DUI matter.
• The presence of minor children in the vehicle at the time of your traffic stop or arrest. If there is a child in the car with you while you were driving under the influence you may be charged with child endangerment in addition to any OVI charges. If the child sustained a serious injury while you were driving under the influence, the crime is then considered to be a felony in the fifth degree.
• A BAC of %0.17 or above. If your chemical test registers a high BAC, you may face a secondary charge of OVI in addition to your “low test” OVI. These convictions can result in jail time, increased fines, and license suspension.
• Harm caused to another person. If you injured or caused serious harm or death to another person, you may face aggravated vehicular assault or aggravated vehicular manslaughter, or homicide. The particulars of your case will greatly influence these serious charges.

Whatever the specific circumstances of your case are, it is important to be as informed as possible. Speaking to a DUI defense attorney is the best way to gain insight into your situation and be sure that you have an advocate by your side who is committed to protecting you and your rights.

Herzner Law Fights for You

Our Cincinnati OVI/DUI attorney is committed to providing tenacious and expert legal services to his clients. These charges can cause a significant amount of stress. Don’t fight your case alone — a trusted OVI/DUI lawyer is here to help.

If you are looking to speak with a knowledgeable and highly qualified attorney, consider contacting Herzner Law at (513) 924-4378 for a consultation today.