If you’re facing a DUI or OVI charge in Sandusky, you might worry about what will happen next. At Patituce & Associates, we’re here to help you with our experience and knowledge in DUI and OVI cases.
When facing any type of criminal charge, the future can be uncertain. Criminal convictions can threaten your livelihood, finances, relationships, and even your freedom. Our Sandusky DUI defense attorneys aim to eliminate or minimize the consequences that each of our clients faces.
Contact our office directly to discuss your case. We provide an objective perspective on a challenging time.
Why Choose Our Sandusky DUI Defense Lawyers?
Choosing the right legal team is the key to successfully defending an OVI charge. Patituce & Associates stands out for several reasons. With our team’s combined experience of over 70 years, including handling more than 200 trials, we’re well-prepared to assist you.
Our lawyers have also worked as prosecutors before. It gives us a unique perspective on how the other side thinks. We offer no-cost, confidential phone consultations. We are the firm other attorneys, police, and prosecutors turn to.
First OVI Offense
Instead of driving while intoxicated (DWI) or driving under the influence (DUI), Ohio labels those offenses as OVIs, or operating a vehicle impaired.
A first-time OVI offense within ten years is considered a misdemeanor.
The penalties generally include:
- Jail time ranges from three days to six months.
- Fines between $375 and $1,075.
- A license suspension lasting one to three years.
These penalties increase if the driver’s blood alcohol content (BAC) is .17 percent or higher.
Second OVI Offense
For a second OVI within ten years, also classified as a misdemeanor, the offender may face ten days to six months in jail, fines from $525 to $1,625, and a license suspension period extending from one to seven years.
Third OVI Offense
A third OVI within ten years carries stiffer penalties. This misdemeanor can result in 30 days to one year in jail, fines ranging from $850 to $2,750, and a license suspension for two to 12 years.
Fourth and Subsequent OVI Offenses
A fourth OVI conviction within ten years elevates the charge to a fourth-degree felony. This can lead to 60 days to five years in jail and fines between $1,350 and $10,500.
If an individual has any prior felony OVI convictions, subsequent OVI offenses are treated as felonies, typically third-degree felonies, which generally entail 60 days to five years in jail and fines from $1,350 to $10,500.
OVIs Involving Injuries and Deaths
OVIs that result in severe injuries to another person are classified as aggravated vehicular assault, usually a third-degree felony. This can carry a sentence of 12 to 60 months in jail and fines up to $10,000.
If an OVI causes the death of another person, known as aggravated vehicular homicide, it’s a second-degree felony. This charge can lead to at least two years in prison and fines of up to $15,000.
At Patituce & Associates, we understand the significant impact these penalties can have on your life. Our team is here to help you overcome these challenges and work towards the most favorable outcome in your case.
Contact us to discuss your situation and how we can assist you in your OVI defense.
How We Defend Against OVI Charges
At Patituce & Associates, we recognize that each OVI case is unique and requires a detailed and personalized approach. Our decades of experience handling OVI cases in Ohio equips us with the knowledge to defend these charges effectively.
Understanding How the Incident Happened
Our first step in any OVI case is to thoroughly understand the specifics of the incident.
We examine the circumstances of the arrest, including the procedures followed by law enforcement. It includes reviewing the traffic stop, the field sobriety tests, and administering Breathalyzer or blood tests. Any procedural errors or violations of Miranda rights can help form the defense strategy.
Evaluating Evidence
We evaluate all evidence presented in the case. This involves analyzing police reports, breathalyzer test results, and any video footage from the incident. Our team looks for inconsistencies or flaws in the evidence that can benefit your defense.
Representing Clients at Every Stage
From the initial hearing to potential trial proceedings, we represent and support our clients at every stage of the legal process. This includes arraignment, pre-trial conferences, motion hearings, and, if necessary, trials.
Plea Bargain and Negotiation
In some cases, negotiating a plea bargain can be the most strategic option. Our lawyers are skilled in negotiating with prosecutors to reduce charges or penalties potentially. It is particularly important in cases where the evidence is strong against the client, but mitigating factors can be presented in their favor.
License Suspension Hearings
An OVI arrest often accompanies administrative penalties, including suspension of driver’s license. We represent clients in BMV hearings to challenge license suspensions, ensuring that all legal avenues are explored to maintain or restore driving privileges.
Expert Opinions
In certain cases, expert witnesses are used to challenge the technical aspects of the charge, like the accuracy of a breathalyzer test. We collaborate with specialists in toxicology, forensic science, and law enforcement procedures to provide expert testimony that offers a different perspective on the evidence against you.
Legal Motions and Hearings
Before the trial, we actively participate in legal motions and hearings. These pre-trial activities can help exclude certain pieces of evidence or obtain favorable rulings on key legal questions.
Mock Trials and Preparation
To ensure readiness, we sometimes conduct mock trials. This practice allows us to anticipate the prosecution’s approach and refine our strategy. It also helps in preparing you, our client, for testimony, giving you a sense of what to expect in the courtroom.
Courtroom Presentation
Our preparation ends in the courtroom presentation. We focus on clear, persuasive communication, ensuring your story is told effectively and compellingly. Every aspect, from opening statements to cross-examinations and closing arguments, is carefully planned and executed to achieve the best possible outcome.
At Patituce & Associates, preparing for an OVI trial is a process marked by diligence, thoroughness, and strategic planning. Our goal is always to provide the most effective defense for our clients, and our careful trial preparation reflects this commitment. If your case is going to trial, you can trust that our team will be ready to advocate strongly on your behalf.
Post-Trial Support
At Patituce & Associates, our commitment to our clients doesn’t end when the trial ends. We understand that the journey through the legal system can continue even after a verdict has been reached. That’s why we offer ongoing support and guidance through any post-trial processes that might be necessary.
If the trial does not result in a favorable outcome, we will help you understand what can be done next. One of the first steps we consider is the possibility of an appeal.
An appeal is a way to ask a higher court to look at your case again. We carefully review the trial record to identify any legal errors that might have affected the outcome. A mistake in how the court applied the law could provide grounds for an appeal and a different result.
Sometimes, post-conviction procedures can change the result of your trial or the penalties you face. This can include asking for a new trial if new evidence comes up, or trying to reduce your sentence. We look at all the details of your case to see if any of these options work for you.
We also help with the practical sides of post-trial life. This can include dealing with the effects of a driver’s license suspension or advising on managing fines or probation terms. Our team is here to answer your questions and ensure you understand what needs to be done.
At every step, we stay in close communication with you. We ensure you’re updated about what’s happening and your options. We also listen to your concerns and ensure we do everything possible to help.
The time after a trial can be challenging, but you don’t have to face it alone. At Patituce & Associates, we provide the support and assistance you need as you move forward. Whether exploring appeals, reviewing post-conviction options, or understanding what comes next, our team is here to help.
What to Do After OVI Charges in Ohio
If authorities charge you with an OVI in Ohio, here’s what you should do to protect yourself and your rights:
Remain Calm and Cooperative
Stay calm and cooperative during the traffic stop and subsequent interactions with law enforcement. However, be mindful of your rights. You have the right to remain silent and the right to an attorney. Politely exercise these rights.
Avoid Admitting Fault
While you should cooperate, avoid admitting fault or making detailed statements about the incident. Be cautious with your words, the authorities can use anything you say against you in court. It’s okay to provide basic information like your name and address. Still, wait until you have legal representation for more detailed questions, especially those about the incident.
Document Everything
If possible, make mental notes or write down everything about the stop and arrest as soon as you can. This includes the time, location, reason for stopping, and how the sobriety tests were conducted (if any). Also, note any statements you made to the police. You need these details for your defense.
Do Not Refuse a Breathalyzer Test Without Understanding the Consequences
Refusing a Breathalyzer test in Ohio can lead to an automatic license suspension under Ohio’s implied consent law. However, you might make refusing part of your legal strategy. It’s a complex decision, so consult a lawyer as soon as possible if you need clarification.
Contact a Lawyer Immediately
Getting in touch with a lawyer experienced in OVI defense in Ohio as soon as possible is recommended. An experienced lawyer can guide you through the process, help protect your rights, and start building your defense.
Patituce & Associates has experience handling such cases and can provide the guidance and representation you need.
Prepare for a License Suspension
Ohio law allows for immediate license suspension if you fail a Breathalyzer test or refuse to take one. Prepare for this possibility and discuss with your lawyer how to challenge the suspension or obtain limited driving privileges.
Understand the Court Process
OVI charges in Ohio usually involve court appearances, starting with an arraignment. Your lawyer can explain what to expect at each stage of the process and how to prepare for your appearances.
Follow All Legal and Court Orders
If the court imposes any restrictions or orders, such as not driving or attending a treatment program, it’s essential to follow them strictly. Violating these orders can lead to additional legal problems.
Stay Informed and Involved in Your Case
Stay in regular contact with your lawyer and actively defend yourself. Ask questions and stay informed about the developments in your case. Your active participation can be an essential part of building an effective defense.
Facing an OVI accusation in Ohio can be challenging, but remember, you have rights, and with the proper legal support, you can navigate this situation.
At Patituce & Associates, we’re committed to helping our clients through this challenging time with our knowledge and experience in Ohio OVI law. If you’re facing such a charge, contact us to see how we can assist you.
Contact a Sandusky OVI Defense Lawyer
At Patituce & Associates, we’re committed to helping our clients in Sandusky with their OVI cases. We understand the stress and worry that comes with these charges, and we’re ready to provide the help and support you need to move forward.
Contact Patituce & Associates today at (440) 641-4434 to discuss your case and see how we can assist you.