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First OVI

First time offenders for Operating a Vehicle while Under the Influence of Drugs or Alcohol (OVI) face mandatory penalties, including a minimum jail sentence of three days or attendance at a driver’s intervention program (DIP). This applies even if there was no accident, injury, or prior criminal record. Unfortunately, Ohio law sets strict “per se” limits for blood alcohol concentration (BAC) and drug levels. These limits mean a person can be charged with an OVI even if they don’t appear impaired.

Cincinnati Attorney for First OVI Charges

The last thing anyone wants to see behind them after a fun night out are flashing red and blue lights. When you’re asked if you’ve been drinking, you may be tempted to tell the truth. “One or two beers” seems like a harmless statement, but know that if you’ve been pulled over, the stopping officer has most likely already formed an opinion of your mental state. The anxiety of being faced with an OVI combined with the potential self-doubt of wondering if you’ve actually been affected by those one or two beers, can result in you performing poorly in standardized field tests and a subsequent arrest.

Do not talk to the police – if you have been pulled over, you need to assess your options and provide the least amount of information possible without deliberately obstructing their legal ability to carry out their office. The Wieczorek Law Firm has served the community of Cincinnati for over 16 years, and is ready to help build your DUI case.

If you or someone you know has been arrested, call (513) 317-5987 for a free initial consultation, or fill out our online contact form.

Overview of First OVI Offenses in Ohio

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First OVI Offenses in Ohio

The first offense for an OVI is treated seriously, but with a great deal more leniency then subsequent offenses. The difference between a first offense and a second or third offense can be that of a misdemeanor versus a felony.  First offense OVIs are often eligible for significant bargaining with the local court. Instead of a blanket administrative license suspension for 6 to 12 months as the law requires, most first offenders are instead offered driving privileges with some restrictions. These restrictions often include mandatory drunk driving courses, driving curfews, regular screenings and/or the installation of an ignition interlock device (IID).

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OVI Offenses under Ohio Law

Standard BAC OVI (0.08% – 0.169% BAC) – A Standard BAC OVI occurs when a driver operates a vehicle with a blood alcohol concentration between 0.08% and 0.169%. Penalties for a first offense include a mandatory three-day jail term or attendance at a driver’s intervention program (DIP). Additional penalties include fines ranging from $375 to $1,075 and a driver’s license suspension for one to three years. Refusal to take a chemical test results in an automatic one-year license suspension.

High-Test OVI (0.17% or Higher BAC) – A High-Test OVI is charged when a driver’s BAC measures 0.17% or higher. This classification carries enhanced penalties, including a minimum of six days in jail or three days in jail plus attendance at a DIP. Fines are typically higher than those for a Standard BAC OVI, and the driver’s license suspension period may also be extended. High-Test OVI convictions often require the installation of an ignition interlock device.

Drug OVI – A Drug OVI applies when a driver tests positive for specific levels of drugs in their system, such as marijuana, cocaine, or methamphetamine. Ohio law considers it an offense regardless of actual impairment if drug levels exceed legal thresholds. The penalties mirror those for alcohol-related OVI offenses, including jail time, fines, and license suspension. Courts may also require participation in substance abuse treatment programs.

Underage OVI – Drivers under the age of 21 with a BAC between 0.02% and 0.079% face underage OVI charges. Penalties include fines, community service, and a driver’s license suspension of 90 days to two years. This is in addition to penalties for Standard DUI.

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Administrative License Suspension (ALS) Details

An Administrative License Suspension (ALS) in Ohio occurs automatically if a driver refuses a chemical test or tests above the legal limit. This suspension is separate from any criminal charges and begins immediately upon arrest. For a first offense, the ALS lasts 90 days for a failed test and one year for a refusal. Drivers can request an ALS hearing to challenge the suspension, but this must be done within 30 days of the arrest. If the ALS is upheld, reinstating driving privileges requires completing the suspension period, paying a reinstatement fee, and providing proof of insurance (SR-22).

Impact of an OVI Conviction on Insurance

An OVI conviction in Ohio has significant implications for auto insurance. Convicted drivers often face increased premiums or policy cancellations. Additionally, the state may require filing an SR-22 form, a certificate of financial responsibility that proves the driver has adequate insurance coverage. This requirement typically lasts for three years, adding considerable expense to maintaining driving privileges.

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Expedited Legal Timelines for OVI Cases

Time is of the essence in OVI cases. Ohio law imposes strict deadlines for contesting ALS, requesting hearings, and filing motions to suppress evidence. For example, a driver must request an ALS hearing within 30 days of their arrest, and failure to do so waives their ability to challenge the suspension. Additionally, motions to suppress evidence, such as invalid traffic stops or improper testing procedures, should be filed promptly to ensure they are addressed before trial. Acting quickly with legal counsel can significantly impact the case outcome.

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Driver’s Intervention Program

Although Ohio does not offer diversion programs to dismiss OVI charges, courts may require alcohol or drug education courses as part of sentencing. These programs, such as driver’s intervention programs (DIP), focus on educating offenders about the dangers of impaired driving. Completion of these programs may replace mandatory jail time for certain offenders. While participation doesn’t erase the conviction, it can fulfill court requirements and reduce penalties.

Ignition Interlock Devices

For first OVI offenses involving a high BAC (0.17% or above), courts often require the installation of an ignition interlock device (IID) as part of granting limited driving privileges. An IID prevents a vehicle from starting if alcohol is detected on the driver’s breath. Offenders bear the cost of installing and maintaining the IID, which can exceed several hundred dollars annually. Complying with IID requirements may also reduce suspension periods or penalties, making it a critical consideration for many defendants.

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Frequently Asked Questions

  1. Can a person get driving privileges during a suspension?
    Yes, limited driving privileges may be granted by the court for purposes such as work, school, or medical appointments. These privileges are typically subject to conditions, such as using an ignition interlock device.
  2. Is jail mandatory for a first OVI in Ohio?
    Possibly, a first OVI offense requires a minimum jail sentence of three days or attendance at a driver’s intervention program (DIP). For high-test OVIs, the minimum is six days or three days in jail plus a DIP.
  3. How long does an OVI stay on a driving record in Ohio?
    An OVI conviction remains on a person’s driving record permanently and can affect future charges and penalties.
  4. Can a first OVI in Ohio be expunged?
    No, OVI convictions cannot be expunged or sealed under Ohio law.
  5. What is the reinstatement process after a license suspension?
    To reinstate a license, a person must serve the suspension period, pay a reinstatement fee, and provide proof of insurance (SR-22). Additional requirements may apply based on the court’s orders.
  6. Does a person need an attorney for a first OVI charge?
    While not required, hiring an experienced OVI attorney is highly recommended to handle the complex legal process, negotiate penalties, and explore potential defenses.
  7. Can a person be charged with OVI if they weren’t driving?
    Yes, Ohio law allows charges for being in “physical control” of a vehicle while impaired. This includes sitting in the driver’s seat with the keys in possession, even if the vehicle is not moving.
  8. What are the penalties for underage OVI in Ohio?
    For drivers under 21, a BAC of 0.02% to 0.079% results in an underage OVI charge, which includes a fine, license suspension, and possible community service. Higher BAC levels carry the same penalties as adult OVI offenses.

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Additional Resources

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Hire an Attorney for First OVI in Hamilton County, OH

If you, someone you know, or your child have been arrested and charged with an OVI, you need to contact an experienced OVI defense attorney as soon as possible. Mark Wieczorek has over 16 years experience defending criminal cases, including OVI cases. The Wieczorek Law Firm serves Hamilton County, including Cincinnati proper.

Call us at (513) 317-5987 for a free consultation or complete our contact form.

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