Cincinnati OVI Lawyer

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 Cincinnati 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 in Ohio 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 may lessen the probability or harshness of penalties. It can help 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 charges being your first OVI/DUI crime
• 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 OVI attorney in Cincinnati to bolster your defense strategy and support you in finding the most favorable outcome available to your situation.

The Role of Field Sobriety Tests in OVI Cases in Ohio

Field Sobriety Tests (FSTs) hold significant importance in Operating a Vehicle Impaired (OVI) cases in Ohio. Law enforcement officers use FSTs to assess a driver's level of impairment due to alcohol or drugs during a traffic stop. Commonly used FSTs in Ohio include the Walk-and-Turn test, the One-Leg Stand, and the Horizontal Gaze Nystagmus test. These tests aim to measure physical and cognitive impairment, helping officers determine if there's probable cause for an OVI arrest.

In Ohio, FSTs serve a dual purpose. 

• Firstly, they assist in evaluating a driver's condition, ensuring safety on the roads. 
• Secondly, the results of these tests can be used as evidence in OVI cases. Positive FST results provide law enforcement with grounds to make an arrest and charge the individual with an OVI offense. The observations made during these tests, combined with chemical test results and other evidence, build a case for the prosecution.

However, it's crucial to recognize that the accuracy and reliability of FSTs can be influenced by various factors, including medical conditions, environmental conditions, or inherent balance and coordination issues. OVI attorneys often challenge FST results in court, highlighting potential discrepancies. Understanding the role and limitations of FSTs in OVI cases is vital for both law enforcement and individuals facing OVI charges in Ohio.
 

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.

Implied Consent Law in Ohio

Implied consent laws generally refer to the legal principle that individuals who operate a motor vehicle on public roads have given their implied consent to submit to certain tests, such as a breath, blood, or urine test, to determine their blood alcohol concentration (BAC) or the presence of drugs. These laws are enacted to address the issue of driving under the influence (DUI) or driving while intoxicated (DWI), and they vary from state to state.

In Ohio, implied consent laws require drivers to submit to a chemical test if they are arrested by a law enforcement officer for suspicion of DUI or DWI. The chemical test is typically a breathalyzer test, but it could also be a blood or urine test. By obtaining a driver's license and operating a vehicle on Ohio's roads, individuals are considered to have given their implied consent to take these tests when requested by a police officer.

If a driver refuses to take the chemical test in Ohio after being lawfully arrested for suspected DUI or DWI, their driver's license may be suspended for one year. A second offense carries a two-year driver's license suspension, while a third offense is punishable by suspension for three years.

What Can a DUI Attorney Do For You?

Hiring an experienced Cincinnati DUI attorney can have significant advantages if you're facing DUI charges. Here are several key benefits:

• Legal Expertise and Knowledge: Our DUI attorneys are well-versed in Ohio's DUI laws and have a deep understanding of the legal system. We can provide expert guidance and employ their knowledge to navigate the complexities of your case effectively.
• Case Evaluation and Strategy: Our skilled DUI attorney will assess the details of your case, identify weaknesses in the prosecution's evidence, and develop a personalized defense strategy. We'll use this strategy to negotiate with prosecutors or present a compelling case in court.
• Understanding of Local Laws and Procedures: Laws and procedures can vary from state to state and even within different localities. Our Cincinnati DUI attorney understands the specific laws and procedures applicable in the city and can tailor their approach accordingly.
• Protecting Your Rights: Our attorney will ensure that your rights are protected throughout the legal process. We'll scrutinize the actions of law enforcement officers, ensuring they adhered to proper protocols during your arrest and subsequent procedures.
• Negotiation Skills: Our DUI attorneys are skilled negotiators and can work with prosecutors to potentially reduce charges or penalties. We can secure plea deals that could minimize the impact of the DUI charges on your life.
• Courtroom Representation: If your case goes to trial, having our experienced Cincinnati DUI attorney is crucial. We'll represent you in court, present a strong defense, cross-examine witnesses, and argue on your behalf to achieve the best possible outcome.
• Minimizing Penalties: If convicted, our DUI attorney can work to minimize the penalties you may face, such as fines, license suspension, mandatory DUI education programs, or even imprisonment.

Hiring our Cincinnati DUI attorney provides legal expertise, strategic defense, protection of rights, and potential reductions in penalties, ultimately aiming for a favorable outcome in your DUI case.

Our Cincinnati OVI Lawyer at Herzner Law Fights for You

Our OVI attorney in Cincinnati  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 OVI attorney, consider contacting Herzner Law at (513) 924-4378 for a consultation today.