As experienced criminal defense attorneys in Ohio, we regularly represent clients facing Operating a Vehicle under the Influence (OVI) charges. These cases can be complex and carry serious consequences, but there are often multiple defense strategies available. This guide breaks down what you need to know about Ohio OVI charges, penalties, and defense options.

What Constitutes an OVI in Ohio?

Under Ohio Revised Code Section 4511.19, you can be charged with OVI if you operate a vehicle:

With a blood alcohol concentration (BAC) of 0.08% or higher
With a urine alcohol concentration of 0.11% or higher
With specified concentrations of controlled substances in your system
While under the influence of alcohol, drugs, or a combination of both

Important to note: You can be charged with OVI even if your BAC is under 0.08% if law enforcement determines you're impaired based on field sobriety tests and observed behavior.

Understanding OVI Penalties

The severity of OVI penalties typically depends on factors including prior convictions and BAC levels.

First Offense Penalties

Jail time: 3 days to 6 months
Fines: $375 to $1,075
License suspension: 1 to 3 years
Possible yellow license plates
Mandatory driver intervention program

Second Offense Penalties (Within 10 Years)

Jail time: 10 days to 6 months
Fines: $525 to $1,625
License suspension: 1 to 7 years
Mandatory ignition interlock device
Vehicle immobilization
Mandatory alcohol/drug assessment and treatment

Additional Considerations

Increased penalties for high BAC levels (over 0.17%)
Mandatory prison time for multiple offenses
Professional license implications
Insurance rate increases
Long-term employment consequences

Effective Defense Strategies

As defense attorneys, we examine several potential angles when building an OVI defense:

1. Challenging the Traffic Stop

The officer must have reasonable suspicion to initiate the stop. We scrutinize:

The officer's stated reason for the stop
Dashboard camera footage
Witness statements
Police reports

2. Field Sobriety Test Analysis

Field sobriety tests are often unreliable. We examine:

Weather conditions during testing
Physical limitations affecting performance
Proper test administration procedures
Surface conditions where tests were conducted

3. Breathalyzer Test Challenges

Breath testing devices require proper maintenance and calibration. We investigate:

Calibration records
Maintenance logs
Officer certification for device operation
Testing environment conditions

4. Constitutional Violations

We carefully review for violations of constitutional rights, including:

Miranda rights issues
Illegal searches and seizures
Due process violations
Right to counsel concerns

5. Medical Condition Defenses

Some medical conditions can affect OVI testing:

Diabetes affecting breath test results
Physical disabilities impacting field sobriety tests
Medical conditions mimicking intoxication
GERD or acid reflux affecting breathalyzer accuracy

Building Your Defense

Every OVI case is unique and requires careful analysis of the specific circumstances. As defense attorneys, we:

1. Conduct thorough evidence review

2. Interview witnesses

3. Consult with expert witnesses when necessary

4. Analyze video footage

5. Review medical records when relevant

6. Examine maintenance records for testing equipment

Alternative Resolution Options

Depending on the circumstances, we may pursue:

Plea negotiations for reduced charges
Treatment in lieu of conviction
Diversion programs (where available)
Limited driving privileges for work/medical appointments

The Importance of Experienced Representation

OVI charges in Ohio carry serious consequences that can affect your life for years to come. Having an experienced criminal defense attorney who understands both the technical and procedural aspects of OVI defense is crucial for achieving the best possible outcome.

Contact Us

If you're facing OVI charges in Ohio, don't wait to seek legal representation. Early intervention often leads to better outcomes. Contact our office to schedule a consultation and learn how we can help protect your rights and future.

Skilled Ohio DUI Attorneys