Cincinnati OVI & DUI Lawyers

Protecting the Accused in Ohio & Kentucky

Have you been arrested for OVI or DUI in Cincinnati? You need to take this situation very seriously, as an OVI/DUI conviction can result in a number of severe penalties.

At Herzner Law, LLC, our Cincinnati OVI & DUI lawyers are here to help you through this difficult time. We understand the fear and uncertainty that you may be experiencing and we want you to know that you are not alone. Our legal team is here to stand by your side and to provide you with the compassionate support and aggressive representation that you deserve. We have a deep understanding of Ohio and Kentucky OVI/DUI laws, as well as the court systems and judges in our area.

To find out how our OVI & DUI attorneys in Cincinnati can defend you, please call us today at (513) 924-4378 or contact us online.

What to Do After an OVI/DUI Arrest

If you are arrested on suspicion of driving under the influence of drugs or alcohol, you may be confused and unsure of what to do. You may also panic and make mistakes that could negatively impact your case. With this in mind, it is important to know how to protect yourself and your rights.

After an OVI/DUI arrest in Cincinnati, you should remember to:

  • Invoke your right to remain silent: You are not legally required to answer any questions from the police or provide any information about what you were doing prior to your arrest. Politely decline to answer any questions, but do so in a non-confrontational manner.
  • Invoke your right to an attorney: You have a constitutional right to an attorney. You should politely state that you will not answer any questions without your Cincinnati DUI lawyer present.
  • Cooperate with the police during the arrest process: You should not resist arrest, as this will only make matters worse. Cooperate with the police during the arrest process by remaining calm and complying with their instructions.

After you are arrested, you will likely be taken to the police station, where you will be asked to submit to a chemical test to determine your blood alcohol concentration (BAC). In Ohio and Kentucky, you are deemed to have given your “implied consent” to submit to this test, as a condition of driving on public roadways. If you refuse to take the test, you will face an automatic license suspension.

After you are released from custody, you should get in touch with our Cincinnati OVI & DUI attorneys right away. We can help you understand your situation, your options, and what to expect as we guide you throughout the legal process. 

What Are the Penalties for OVI/DUI in Cincinnati?

The penalties for an OVI/DUI conviction in Cincinnati depend on a number of factors, including your prior criminal record. Generally, however, OVI/DUI is a serious offense and you could face a range of severe penalties if you are convicted. In Ohio, OVI penalties are generally based on the number of prior “lookback” years, which is the number of years the court must “look back” at your prior OVI convictions when determining your sentence. In Kentucky, OVI (known as DUI) penalties are based on a 10-year “lookback” period.

Some of the most common OVI/DUI penalties in Cincinnati include:

  • First Offense OVI/DUI: In Ohio, a first OVI offense is a “first-degree misdemeanor,” which is punishable by a minimum of three days in jail and a maximum of 180 days in jail. You may also face a fine of up to $1,075, a license suspension of up to three years, and mandatory participation in a driver intervention program. In Kentucky, a first DUI offense is a “violation” and is punishable by a minimum of two days in jail and a maximum of 30 days in jail. You may also face a fine of up to $500, a license suspension of 30 to 120 days, and mandatory completion of an alcohol or substance abuse program.
  • Second Offense OVI/DUI: In Ohio, a second OVI offense is a “first-degree misdemeanor” and is punishable by a minimum of 10 days in jail and a maximum of 180 days in jail. You may also face a fine of up to $1,625, a license suspension of up to seven years, and mandatory participation in a driver intervention program. In Kentucky, a second DUI offense is a “misdemeanor” and is punishable by a minimum of seven days in jail and a maximum of six months in jail. You may also face a fine of up to $1,000, a license suspension of 12 to 18 months, and mandatory completion of an alcohol or substance abuse program.
  • Third Offense OVI/DUI: In Ohio, a third OVI offense is a “first-degree misdemeanor” and is punishable by a minimum of 30 days in jail and a maximum of 12 months in jail. You may also face a fine of up to $2,750, a license suspension of up to 12 years, and mandatory participation in a driver intervention program. In Kentucky, a third DUI offense is a “misdemeanor” and is punishable by a minimum of 30 days in jail and a maximum of 12 months in jail. You may also face a fine of up to $1,000, a license suspension of 24 to 36 months, and mandatory completion of an alcohol or substance abuse program.
  • Fourth or Subsequent Offense OVI/DUI: In Ohio, a fourth or subsequent OVI offense is a “fourth-degree felony” and is punishable by a minimum of 60 days in jail and a maximum of 36 months in prison. You may also face a fine of up to $10,500, a license suspension of up to life, and mandatory participation in a driver intervention program. In Kentucky, a fourth or subsequent DUI offense is a &ldquo>

Additional OVI/DUI penalties may include:

  • Increased penalties if you were driving with a BAC of 0.17% or higher
  • Increased penalties if you were driving with a passenger under the age of 18
  • Increased penalties if you caused an accident that resulted in injury or death
  • Requirement to install an ignition interlock device (IID) in your vehicle
  • Requirement to carry high-risk (SR-22) auto insurance
  • Requirement to complete a court-approved alcohol or drug treatment program
  • Requirement to perform community service
  • Challenging the traffic stop: The police must have reasonable suspicion to pull you over. If they did not or if they stopped you for an invalid reason, we can challenge the traffic stop and any evidence obtained as a result.
  • Challenging the field sobriety tests: Field sobriety tests are notoriously unreliable and are often affected by factors other than intoxication, such as medical conditions, fatigue, and more. We can challenge the results of these tests and the officer's interpretation of them.
  • Challenging the breath/blood test: Breath and blood tests are not always accurate. We can challenge the results of these tests on the grounds that the testing equipment was faulty, the test was improperly administered, or the test results were mishandled.
  • Challenging the arrest process: If the police violated your rights during the arrest process, we can file a motion to suppress any evidence obtained as a result of the violation.
  • Negotiating a plea bargain: If your case is not strong, we may be able to negotiate a plea bargain on your behalf. This could involve having the charges or penalties reduced.
  • Taking your case to trial: If your case is strong, we may recommend taking it to trial. We have extensive trial experience and are not afraid to fight for you in the courtroom.

Here For You When You Need it Most

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 ttorneys 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 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 Cincinnati 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 lawyers 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 lawyers 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 Ohio DUI charges on your life.
  • Courtroom Representation: If your case goes to trial, having our experienced Cincinnati DUI lawyer 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 team 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 Ohio OVI attorney, consider contacting Herzner Law at (513) 924-4378 for a consultation today.

An OVI/DUI Charge Doesn’t Have to Ruin Your Life

According to the Ohio State Highway Patrol, police made over 13,000 OVI enforcement stops in the first ten months of 2020 alone. 

OVI (commonly referred to as a DUI by other states) stands for operating a vehicle impaired, which has become a growing problem in Ohio. 

Ohio police are cracking down on drivers, and if you’ve been pulled over for driving under the influence of drugs or alcohol or caused an accident after drunk driving, you could be facing severe penalties. 

Criminal Charges for OVI Offense

An OVI is a criminal offense in Ohio, meaning first-time offenders can have their licenses suspended by the Ohio BMV for one to three years, spend three days to six months in jail, and pay fines of $375 to $1,075

These penalties increase for subsequent offenses or for drivers charged with an aggravated or high test OVI, meaning their blood alcohol concentration (BAC) measured higher than 0.17%.

If you’ve been arrested for an OVI, you still have a chance to protect yourself from the harsh penalties. 

An OVI defense lawyer like Cincinnati’s own Attorney Herzner can help you advocate for your right to contest the charges

At Herzner Law, LLC, our OVI attorney examines each and every fact of your criminal case to defend you with the expertise and attention to detail you deserve.

Do You Need a Lawyer for DUI in Ohio?

For DUIs in Ohio, consulting with a DUI attorney before making any decisions is recommended. DUIs are some of the most complicated laws in Ohio. 

An experienced DUI attorney in Ohio can help you avoid adversely affecting your life, reputation, and future career prospects.

Defending Cincinnati’s drivers from OVI criminal charges is our number one priority. 

Attorney Herzner has over twenty years of legal experience as an assistant prosecutor, a drunk driving accident lawyer, and a OVI defense lawyer, giving him unparalleled insight into both sides of OVI cases.

What Should You Do If You’re Arrested for Drunk Driving?

It’s that moment they show you in the movies: you’re driving down the road and bright flashing lights come on behind you. Blue and red shine in your rearview mirror and the sound of sirens pierce through the air. 

If you’re pulled over on suspicion of drunk driving, OVI lawyers recommend that you:

  • Move your car to a safe location on the side of the road
  • Cooperate with the officer’s instructions
  • Ask to speak with a DUI attorney ASAP
Our Firm Stands With You

A testing machine error could be the difference between a spotless and stained criminal record. Let our felony DUI lawyer fight for your rights in court. Call (513) 924-4378 or contact us online today to set up a free consultation.

  • “Shane's ability to navigate the legal process and persuasive arguments in court were instrumental in securing a favorable result. I am forever grateful for his representation!”

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