Cincinnati OVI Lawyer
Experienced OVI Attorneys Helping You Fight Back Against Impaired Criminal Driving Charges
Suppose you have criminal charges with a DUI or OVI offense in Cincinnati, Ohio.
In that criminal case, it is crucial to seek the advice of an experienced criminal defense attorney who can help protect your rights and navigate the complex legal system.
Our Cincinnati criminal defense lawyer are trained to understand the ins and outs of the law and help clients like you advocate for themselves in court.
At Herzner Law, our criminal attorneys want to stand by your side and walk you through every step of the legal process.
Our Cincinnati DUI & OVI lawyers have aggressively represented hundreds of clients, working to reduce or dismiss their criminal charges.
What is an OVI Charge?
An OVI charge refers to the legal offense of Operating a Vehicle Impaired. This offense is also commonly known as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated).
An OVI charge is typically issued when law enforcement officers suspect that a driver's ability to operate a vehicle is impaired due to the consumption of alcohol or drugs, including prescription medications or illegal substances.
The term "operating" can refer to any control over a vehicle, including driving, being in physical control of a parked vehicle, or even sitting in the driver's seat with the keys in the ignition.
The impairment can manifest in various ways, such as erratic driving behavior, slurred speech, impaired motor skills, or the results of field sobriety tests.
In Ohio, as in many other states, the specific legal limit for alcohol is a blood alcohol concentration (BAC) of 0.08% for adult drivers. This means that if a driver's BAC is at or above 0.08%, they can be charged with OVI. For drivers under the age of 21, there is a "zero tolerance" policy, meaning any detectable amount of alcohol in their system can lead to an OVI charge.
An OVI charge can result in various legal consequences, including fines, license suspension, mandatory alcohol education programs, probation, and even jail time, depending on the severity of the offense and any prior OVI convictions. Penalties can also increase if the driver's BAC is significantly above the legal limit, or if there are aggravating factors, such as causing an accident that results in injuries or fatalities.
It's important to note that OVI laws and penalties can vary from state to state, and even within states, so it's crucial to understand the specific laws and regulations that apply in your jurisdiction if you are facing such a charge. In Ohio, OVI is a serious offense, and individuals charged with OVI should seek legal representation to help navigate the legal process, understand their rights, and build a strong defense if necessary.
How To Get My Ohio OVI Dismissed?
In Ohio, you can try to get an OVI charge dismissed by:
- Challenge the traffic stop or arrest
- Challenge the officer's interrogation
- Challenge the breathalyzer or drug test
- Filing a motion to dismiss
- Plea bargaining
Suppose you are facing criminal charges of OVI. In that case, it is essential to seek the advice of a qualified Cincinnati criminal defense attorney who can help you understand your legal rights and options and provide guidance and representation throughout the legal process.
A testing machine error could be the difference between a spotless and stained criminal record. Let our DUI lawyer in Cincinnati fight for your rights in court. Call (513) 924-4378 or contact us online today to set up a free consultation.
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 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.
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.
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 Cincinatti’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.
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
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.
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