The penalties can increase if you have already been convicted of DUI.
From an outsider’s perspective, DUI litigation can seem relatively straightforward. Fairborn DUI lawyers know that this is rarely the case.
There are many defenses that individuals charged with DUI can raise.
If you’ve been arrested or cited for DUI (OVI) in the City of Beavercreek, Beavercreek TWP., Bath TWP., or Fairborn, you will be required to appear in the Fairborn Municipal Court located at 1148 Kaufman Avenue, Fairborn, Ohio.
Legal Limit in Ohio
Operating a vehicle under the influence of alcohol or drugs (OVI) is illegal in Ohio. An OVI charge is most commonly referred to as a DUI outside the Ohio legal system.
Under Ohio law, you can get a DUI if you are operating a motor vehicle and:
Are under 21 and have a blood alcohol content at or above 0.02%,
Are over 21 and have a blood alcohol content at or above 0.08%, or
Are a commercial driver and have a blood alcohol content of over 0.04%.
Further, a blood alcohol content over 0.17% can lead to enhanced charges.
Operating a vehicle under the influence of drugs other than alcohol is also illegal in Ohio. This prohibition includes prescription drugs.
An officer who believes you were driving under the influence of drugs will likely charge you with DUI.
What to Do If You Are Pulled Over for Suspected DUI
If you are pulled over for DUI in Ohio, it is crucial to follow the correct steps.
- Use your turn signal and pull over to the side of the road at the first safe location.
- Comply with the officer’s orders and provide license and registration.
- Be polite and respectful.
- Do not volunteer any potentially incriminating information. For example, admitting you had one drink can give an officer probable cause.
- Decide whether to take a breathalyzer or another roadside test. The roadside tests will be used against you in court, but there are penalties if you refuse the tests.
- Contact Fairborn, Ohio DUI lawyers as soon as you can. A lawyer will guide you through the rest of the process.
If you follow these steps, you can maximize the possible defenses you might have.
Penalties for DUI in Ohio
The penalties for DUI in Ohio depend on your impairment level, prior DUIs, and any other prior convictions you may have.
For a first DUI offense, Ohio law requires a mandatory three-day jail sentence. The court can extend this sentence to six months, depending on the circumstances.
The mandatory three-day sentence can often be satisfied with a driver intervention program rather than jail time.
A first DUI offense also carries a fine of $375 to $1,075. Further, your license can be suspended for 1 to 3 years.
The punishments go up the more times you are convicted of DUI in Ohio.
If you are convicted of a fourth DUI in ten years, the courts can fine you up to $10,500, jail you for 30 months, and suspend your license for life.
Having a blood alcohol content of .17% or more can also carry enhanced sentencing.
Defenses to DUI in Ohio
There are several common defenses that are available to people charged with DUI.
Examples include:
- A lack of evidence the suspect had physical control of the vehicle;
- Inaccurate breath, blood, or urine tests;
- Faulty field sobriety tests;
- A failure of the police to read the suspect their Miranda rights;
- A failure to allow the suspect to contact an attorney during the DUI investigation;
- Unlawful stop by police;
- The suspect was forced to drive out of necessity.
DUI attorneys in Fairborn can help identify which defenses might be available to you.
Contact our Fairborn DUI Lawyers at Gounaris Abboud, LPA Today
The DUI lawyers at Gounaris Abboud know how to identify the best defenses available in your DUI case.
Our award-winning attorneys aggressively fight to achieve the best possible outcomes for our clients.
We are available 24/7 and know how to build a rock-solid defense.
Contact Gounaris Abboud today, and we will work hard to get your charges reduced or dismissed and to keep you out of jail.