OVI refers to operating a vehicle while intoxicated. Other terms synonymous with this are DUI and DWI. In Ohio, the two most common terms for “drunk and/or drugged driving” are DUI and OVI. When it comes to enforcing the laws on this matter, Cincinnati OVI attorneys understand the law as it pertains to Ohio.
Defining OVI
OVI is the legal terms for what is commonly called drunk driving in Ohio. While DUI remains in common usage, the Ohio Revised Code uses OVI instead. As Cincinnati OVI attorneys understands, someone who is charged with OVI must qualify under at least two characteristics:
- He or she must be driving and/or in actual physical occupation of the vehicle.
- The blood alcohol must be above the legal limit. In Ohio, this is a 0.08% BAC or higher is the individual is 21 or older and 0.02% BAC if the individual is less than 21-years of age.
Unique Characteristics of Ohio OVI Law
In Ohio, a police officer may arrest you for an OVI, without proof that your blood alcohol content is above the legal limit. Indications of impairment – through drug use or consumption of alcohol, while operating a motor vehicle will suffice. This is a judgment call on the part of the officer, but it is legal. Furthermore, it does not require any type of chemical test to result in a conviction.
Fortunately, the prosecutor has to prove guilt “beyond a reasonable doubt.” This in and by itself is one reason why hiring one of the Cincinnati OVI attorneys experienced in Ohio’s laws is necessary.
Charges and Penalties
If you are arrested and charged with an OVI, you face only a criminal case. You will also find yourself up against the administration of the Ohio Bureau of Motor Vehicles. In addition, you will need to pit yourself against the insurance companies if you want to reinsure your vehicle. Whether it is your first or third time, you will face:
- License suspension immediately upon arrest for at least 90 days
- Jail time
- Fines
- Mandatory classes
The extent of each of these penalty categories increases with each OVI. If you are charged with an OVI for the second time in 6 years, you may have to undergo Electronically Monitored House Arrest (EMHA) and/ Continuous Alcohol Monitoring (CAM). If you are caught and face a third OVI within the six-year period, when allowed to drive you may have to use an ignition interlock.
When faced with your first, second, third or more OVI, you need legal expertise. If you live in Cincinnati OVI attorneys specialize in handling this area. Contact a professional and arrange for him or her to guide you through what is a complex problem. Depending upon your personal situation and circumstances, a good lawyer may be your only hope to salvage anything.
