Dayton residents understand that drunk driving can be dangerous and is against the law. But, sometimes it can be hard to judge how much alcohol is too much, or maybe a person inadvertently mixes alcohol with prescription medication that affects their level of intoxication. Whatever the reason, when a person is pulled over for an OVI it can be a traumatic experience.
In Ohio, there are two different types of alcohol offenses. The first is an OVI which is operating a vehicle while under the influence of drugs or alcohol. The second is having physical control over a vehicle. This is when a driver is in the driver’s seat while in possession of the keys even if the car is not moving. So, sleeping off the alcohol or drugs is illegal if a person has the car keys and is in the driver’s seat. First time physical control or OVI crimes are misdemeanors. An OVI offense requires the defendant to serve three days in jail and there is no minimum sentence for physical control.
If a person is pulled over for an OVI they may be asked to give a chemical test of blood, urine or breath to test their blood alcohol level. If they don’t consent, they may face additional penalties. Those who are found guilty of an OVI will face license suspension of at least 90 days, jail time, driver intervention programs, fees and the installation of an ignition interlock device. These penalties are even more severe for those who have multiple OVI convictions.
An OVI defense attorney can help their client with their OVI case. They understand that their client may have made a mistake and that they have constitutional rights that need to be protected. An attorney can gather evidence and investigate the circumstances surrounding the arrest. They understand that one mistake should not result in a lifetime of consequences.