Columbus OVI Defense Attorneys

Arrested for OVI in Columbus? Here’s What You’re Facing

Have you been charged with intoxicated driving in Columbus, Ohio? Even a first-time conviction for operating a vehicle while intoxicated can have serious consequences, while aggravating circumstances or prior convictions can also lead to even harsher penalties. Don’t face this uncertain time alone. Instead, get help from a knowledgeable OVI defense attorney who can advocate for your rights and interests. Contact Ross, Midian & Brietmayer, LLC for an initial case review with an OVI defense lawyer in Columbus, and let’s discuss your legal options for pursuing a favorable resolution to your prosecution.

OVI Laws in Ohio

A person commits an OVI in Ohio when they operate a vehicle while under the influence of alcohol or drugs or with specific concentrations of alcohol or drugs in their system. Thus, a driver may face an arrest for OVI when either:

They have sufficient concentrations of alcohol or drugs in their system
They are intoxicated to the extent that they cannot operate a motor vehicle safely

A conviction for OVI can impose various criminal penalties and other sanctions upon a driver.

Ohio’s OVI laws also impose administrative sanctions for refusing a chemical test under the implied consent law, or for failing a chemical test with a BAC of .08 percent or more, or for having a concentration of certain controlled substances above specific thresholds set by law. A first refusal of a chemical test will result in a one-year suspension of driving privileges, with the option to request reinstatement after 30 days.

However, subsequent refusals within a ten-year period can increase the suspension periods. A first-time failed chemical test will impose a 90-day suspension, with the option to reinstate privileges after 15 days; subsequent failed tests within a 10-year period will increase the suspension period.

Penalties for OVI Convictions in Columbus

Penalties for an OVI conviction in Columbus, OH, depend on the degree of a driver’s intoxication and the number of prior intoxicated driving convictions they have. Ohio law defines a “low test” offense as having a blood alcohol content of less than 0.17 percent, and a “high test” offense as having a BAC of 0.17 percent or more. Penalties for convictions under Ohio’s OVI laws include:

First offense in ten years, low test or drug intoxication: Minimum three days in jail or driver intervention program (DIP), up to six months, plus a fine of $565 to $1,075
First offense in ten years, high test: Minimum six days in jail or driver intervention program (DIP), up to six months, plus a fine of $565 to $1,075
Second offense in ten years, low test or drug intoxication: Ten days to six months in jail, or a minimum of five days in jail with 18 days of house arrest or continuous alcohol monitoring, plus a fine of $715 to $1,625
Second offense in ten years, high test: 20 days to six months in jail, or a minimum of 10 days in jail with 36 days of house arrest or continuous alcohol monitoring, plus a fine of $715 to $1,625
Third offense in ten years, low test or drug intoxication: 30 days to one year in jail, or a minimum of 15 days in jail with 55 days of house arrest or continuous alcohol monitoring, plus a fine of $1,040 to $2,750
Third offense in ten years, high test: 60 days to one year in jail, or minimum 30 days in jail with 110 days of house arrest or continuous alcohol monitoring, plus a fine of $1,040 to $2,750
Fourth or fifth offense in ten years or sixth offense in 20 years, low test or drug intoxication: Felony offense, with 60 days to one year in jail or 60 days in prison with option for additional six to 30 months, plus a fine of $1,540 to $10,500
Fourth or fifth offense in ten years or sixth offense in 20 years, high test: Felony offense, with 120 days to one year in jail or 120 days in prison with option for additional six to 30 months, plus a fine of $1,540 to $10,500
Second felony DUI, low test or drug intoxication: 60 days to 60 months in prison, plus a fine of $1,540 to $10,500
Second felony DUI, high test: 120 days to 60 months in prison, plus a fine of $1,540 to $10,500

Other Consequences of OVI Arrests and Convictions

An arrest or conviction for OVI in Columbus can have other long-term consequences for drivers, such as:

Increased auto insurance premiums or disqualification by the insurance company
Loss of firearm rights for felony DUI convictions
Potential disqualification from a commercial driver’s license
A criminal record that can appear in background checks, making it more challenging to pursue employment or housing opportunities

The criminal penalties and other consequences of an OVI charge or conviction make it essential to seek help from a knowledgeable criminal defense attorney.

Defenses to OVI Charges

A driver facing OVI prosecution may have various defenses to the charge. Common strategies used to challenge OVI charges include:

Contesting the legality of the traffic stop: Defendants may seek to exclude evidence from the prosecution’s case by contending that police lacked reasonable suspicion or probable cause to initiate or extend a traffic stop that led to the OVI arrest.
Challenging the reliability of field sobriety test results: A defendant who submits to field sobriety tests may challenge the reliability of the test results by highlighting factors that affected their performance, such as uneven ground, adverse weather, or medical conditions like arthritis.
Challenging chemical test results: Defendants may contest breath, blood, or urine test results by highlighting the police’s failure to follow testing procedures, the use of uncalibrated testing equipment, or breaks in the chain of custody of blood or urine samples.
Contesting elements of the OVI charge: A defendant may also fight an OVI charge by arguing that they did not operate a vehicle while under the influence, such as when police find a defendant sleeping in a car with the engine off or in the passenger or back seat.

An experienced criminal defense lawyer from our law firm can review the facts and evidence in your case to identify potential strategies to fight your OVI charges.

Why Choose a Criminal Defense Attorney with Ross, Midian & Brietmayer, LLC?

An OVI charge can have serious consequences for your career, reputation, and future, making legal representation critical to defending yourself against potential outcomes in your case. Turn to a criminal defense lawyer from the law firm of Ross, Midian & Brietmayer, LLC because:

Our experienced attorneys will handle every aspect of your criminal case, taking the stress of your challenging situation off your shoulders so you can focus on your future.
We offer a client-first approach, treating everyone who walks through our doors like family and making their interests and well-being our top priority.
Our law firm has extensive litigation experience, so we won’t hesitate to take your case to trial if you choose to fight your charges.
Our lawyers understand how isolating criminal prosecution can feel, so we work diligently to provide you with the attentiveness and responsiveness you need and deserve.

Contact Us Today for Help Facing Your OVI Charges

If you’ve been accused of intoxicated driving, get the legal counsel and advocacy you need to defend yourself in the criminal justice system. Contact Ross, Midian & Brietmayer, LLC today for a confidential consultation with a criminal defense attorney from our Columbus law firm. We’ll explain how our firm can fight to protect your rights and interests when you face prosecution for an OVI in Ohio.

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