Ohio DUI Defense Lawyer

How Will a DUI/OVI Case Resolve?

Our knowledgeable Ohio DUI defense lawyers can help you move your criminal case forward and pursue the best possible result.

Some DUI cases resolve at a criminal court trial. During a trial, the parties can introduce evidence, call witnesses, and make arguments that favor their version of the case. A judge or jury will then typically decide the case outcome, including whether the accused is guilty or innocent of the underlying offense.

You may want to take your criminal DUI case to trial if you have one or more solid legal defenses. Given the case facts and circumstances, our legal team can help you decide whether to take your case to trial.

Instead of taking your case to trial, we can negotiate a favorable plea deal with the state prosecutor handling your case. The accused individual typically enters a guilty plea to a criminal charge as part of a plea deal. However, as a concession for entering a guilty plea, the prosecutor might be willing to reduce the charge.

For example, the prosecutor might reduce a DUI charge to reckless driving, which will incur a lesser penalty. Alternatively, the prosecutor might offer the accused individual probation. If the driver successfully completes probation, which may include attending drug and alcohol rehabilitation classes or installing an ignition interlock device (IID) on their vehicle, the accused can escape a criminal conviction.

Plea deals have several benefits and detriments. The obvious advantage is that you have direct control over the result in your case. However, by entering a guilty plea, you lose your right to a criminal jury trial, as well as your right of appeal. Our legal team can help you pursue a favorable plea deal from the state prosecutor handling your case and let you know whether accepting a particular plea deal from the prosecutor is a good idea.

What are DUI and OVI Cases in Ohio?

In Ohio, it is against the law for an individual to operate their motor vehicle while under the influence of alcohol or drugs. To determine whether a driver is under the influence of alcohol, a police officer will typically perform a Breathalyzer test. These portable devices measure a driver’s blood alcohol concentration or BAC.

In Ohio, a driver is under the influence of alcohol if their BAC is 0.08 percent or higher and they are age 21 or older. However, more stringent legal standards apply for operators of commercial vehicles, including commercial truck drivers and drivers under 21 years old. The BAC cut-off for commercial drivers is 0.04 percent and 0.02 percent for underage drivers. If a driver’s BAC exceeds the legal limit, a prosecutor can charge the offending driver with operating a vehicle while impaired by alcohol or OVI.

When a police officer initiates an arrest for DUI/OVI, many drivers don’t know what to do or where to turn. They may be uncertain about what questions they can answer or not answer and the potential consequences of their case. Fortunately, a Ohio criminal defense attorney can step in and help out.

The knowledgeable Ohio DUI defense lawyers at Patituce & Associates, LLC can meet with you to discuss the circumstances of your arrest and determine what you should expect throughout the legal process. We can look at your legal options and help you decide on the best way to proceed with your case.

Moreover, depending upon the circumstances, we can assert a robust legal defense on your behalf in court, which can result in a complete dismissal of your criminal DUI charge.

What Are the Penalties for a DUI/OVI Conviction in Ohio?

For you to incur criminal penalties on a DUI/OVI charge, the state prosecutor handling your criminal case must satisfy their legal burden of proof.

Specifically, they must introduce evidence that you were operating a vehicle while illegally under the influence of alcohol or drugs. Moreover, the prosecutor must establish their legal burden of proof beyond a reasonable doubt, which is a very high legal burden to overcome.

In addition, the accused individual in a DUI case does not need to satisfy any legal burden of proof. The criminal defendant does not need to take the witness stand and testify at trial due to their Fifth Amendment protections against self-incrimination.

However, a defendant can raise one or more legal defenses at their criminal court trial, which may prevent the prosecutor from satisfying their legal burden.

If the state prosecutor can obtain a guilty finding or conviction against the accused individual, it will be up to the sentencing judge to impose various penalties according to Ohio state statute.

• The potential penalties for a first-time DUI/OVI are at least three days of incarceration or participation in a three-day alcohol abuse program. In addition, the offender may incur a maximum monetary fine of $1,075.
• A second-time offense, on the other hand, can lead to a minimum of 10 days in jail, with a maximum of six months in prison. Alternatively, the individual can receive a combination of house arrest, jail time, continued alcohol monitoring, and a maximum monetary fine of $1,625.
• A third-time conviction can result in a minimum of 30 days of incarceration, with a maximum of one year of imprisonment. The offender can also receive $2,500 in monetary fines and required participation in a drug and alcohol rehabilitation program.
• A fourth-time offense can lead to a minimum of 60 days in jail and a maximum of one year of incarceration. The offender may also have to pay a maximum of $10,500 in monetary fines.
• Finally, a fifth or higher conviction within six years can result in a minimum of two months of incarceration and required placement on the State of Ohio’s Habitual OVI Registry.