Driving While Intoxicated (“DWI“) is a serious crime in every state. DWI and Driving Under the Influence (“DUI“) refer to the same crime. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It’s against the law in every state to drive under the influence of alcohol or drugs if you can’t safely operate your vehicle.

If the police see you driving erratically or violating traffic laws, they’re permitted to stop and question you for a DWI violation. If they suspect you’re intoxicated, they can ask you to submit to various tests, including a blood alcohol test.

Blood Alcohol Content

When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (“BAC”), can be measured by different tests. Driving with a BAC level of .08 or above is illegal in all states. This measurement means that your blood contains eight one-hundredths percent of alcohol. All states have laws with even lower prohibited BAC levels for commercial drivers, as well as zero tolerance laws for drivers under age 21.

If the police think you’re drunk, they can require you to take a breathalyzer test or give a blood sample to measure your BAC. Refusal to take a test usually causes an automatic suspension of your license for a long period of time. This can last as much as six months or a year, depending upon the state.

You also can be convicted of drunk driving without the results of a blood alcohol test or if your blood alcohol test result is lower than the statutory amount. A jury may convict you based on evidence that your breath, conduct, language and motor movements showed you were drunk and unable to drive safely.This evidence comes in part from a field sobriety test police make you take when you’re stopped. The test may include a nystagmus gaze test to track erratic eye movements indicating intoxication.

Punishment

The penalties for drunk driving are serious.

• Punishment for first time offenders includes suspension of driving privileges, points on your driver’s license and fines.
• Punishment for second and subsequent offenses increases significantly and usually means jail time.

A drunk driving conviction also generally causes your automobile insurance premiums to increase dramatically.

Many people charged with drunk driving request a trial to fight the charge. Legal defenses may be raised to defeat the drunk driving charge or reduce the penalties. You’ll need a lawyer to adequately defend yourself at trial.

Questions for Your Attorney

• Does it matter whether I take a breathalyzer or blood test? Is one kind of test more reliable?
• Can I present a successful defense if I want to go to trial on drunk driving charges? What are my chances?
• Do the police have to do field sobriety tests, such as balance or eye gaze tests, before doing a breathalyzer or blood test?
• My medical condition resulted in motor skill difficulty, but I have a valid driver’s license. Should I be concerned that my condition could be misinterpreted and strengthen the DUI/DWI case against me?

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There may be probable cause for arrest if you are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more.  If you are under the age of 21, that BAC is .02%.  A BAC of .08% is equal to have 80 milligrams of alcohol per 100 milligrams of blood.  Probable cause to arrest someone for DUI/OVI in Ohio exists when an arresting officer determines via sufficient information, such as the results of a field sobriety test, breathalyzers, walk and turn test, one-leg stand, that a person has been operating a vehicle under the influence of alcohol or a prescription drug that has impaired the ability of the individual.  The operating of a vehicle with an odor of alcohol, coupled with other evidentiary support, may give rise to  “probable cause”.

(1) First OVI Offense – no prior offense (within 6 years):  Jail term of 3 days to 6 months; fine of $250 to $1,000; license suspension (Class 5) of 180 days to 3 years and 6 points against their license. All OVI license suspensions include a period of “Hard Time” with no privileges; the Hard Time Suspension periods for an OVI conviction are the same time periods as a corresponding ALS Suspension. (However, the ALS and OVI cases and suspensions are separate.)

(2) Second OVI Offense – 1 prior (within 6 years):  Jail term of 10 days to 6 months; fine of $350 to $1,500; license suspension (Class 4) of 1 year to 5 years, vehicle immobilized for 90 days, 6 points against license.

(3) Third OVI Offense – 2 priors (within 6 years):  Jail term of 30 days to 1 year; fine of $800 to $10,000; license suspension (Class 3) of 2 years to 10 years. Vehicle is subject to forfeiture and may receive 6 points against license. Double jail time for high tier per se and criminal refusal: Conviction of a “High Tier” Per Se offense or Criminal Refusal offense (refusal and prior OVI within 20 years), will double each of the minimum periods of incarceration specified above. Note: Criminal Refusal requires proof and conviction of the new OVI Impaired offense. High (and Low) tier per se charges and OVUAC do not require proof or conviction of “impairment.” Conviction for most OVI offenses and some other traffic offenses require the use of “Distinctive License Plates” (currently red & yellow). A court may require them for any OVI conviction, and must require the offender to obtain distinctive plates (to grant any driving privileges) if any of the following apply: the person has any prior OVIs within 6 years or if the person has no priors but is charged with a high tier or criminal refusal.

Felony OVI/DUI
If the person has 1 prior felony, 3 prior OVI convictions w/in 6 years or 5 prior OVI convictions in 20 years an additional OVI offense is considered a felony. In Ohio, felony sentences are governed by the OVI statute as well as the general Felony Sentencing Statutes and specific Felony sentencing statutes.  Because of the constant changes in these statutes the below is only a general guide to felony OVI sentences. The minimum sentence authorized by law in a given case could be much greater than shown below. Additionally, as with misdemeanors, felony minimum sentences are doubled for high tier or criminal refusal offenses.

(4) Felony 4 OVI – (Repeat Misdemeanor Offender). If a person has 3 or 4 prior misdemeanor OVI convictions within 6 years or 5 prior misdemeanor OVI convictions within in 20 years OVI is a Felony of the Fourth Degree. Although they are both F-4’s and carry the same fines, suspensions and vehicle sanctions 5 priors in 20 years carries significantly increased jail / prison time. For F-4 OVIs without the 5 in 20 activity, the following apply: The judge can either impose local incarceration (including jail, a community-based correctional facility, a halfway house, or an alternative residential facility) and/or a jail term ranging from 60 days (low tier) or 120 days (high tier or Criminal Refusal) to 1 year -OR- a prison term of 60 days (low tier) or 120 days (high tier or criminal refusal) plus an (optional) addition prison term of 6 to 30 months. Additional penalties include probation / parole with conditions, including mandatory alcohol / drug treatment; fine of $800 to $10,000; license suspension of 3 years to life.

(5) Felony 3 OVI – (RFO) Repeat Felony Offender: Any new OVI with a prior Felony OVI Conviction is a Felony 3. Where there is a prior Felony and a total of 4 other prior felony or misdemeanor convictions OVI is an F-3 but the 5 within 20 spec applies to the jail / prison time. Low Tier, High Tier and Criminal Refusal distinctions apply. 

An F-3 OVI carries a mandatory prison term of 60 days (Low Tier) or 120 days (High Tier or Crim Refusal) up to 5 years in prison. Additional penalties include post release control (probation / parole) with conditions, including mandatory alcohol / drug treatment; fine of $800 – $10,000, license suspension (Class 2) 3 years to life. Vehicle subject to forfeiture and may receive 6 points against license.

For a free DUI defense consultation to discuss your DUI/OVI arrest, contact Skip Potter at 419-353-SKIP, or contact us online.

During the stopping sequence, the officer will be observing your driving behavior for anything unusual: attempting to flee; responding slowly or failing to respond to the stop command; swerving abruptly; stopping suddenly or striking the curb or another object when pulling over.

When you are pulled over, immediately retrieve your driver’s license, proof of insurance and vehicle registration before the officer walks up to your window and asks for those documents. If the officer witnesses you fumbling for these documents (due to your nervousness), he will undoubtedly attribute these actions to intoxication rather than stress. Avoid this possibility by having everything ready at hand. Also, do not take off your safety belt until after you first speak to with the officer.

Understand that the officer’s goal in every DUI-suspect vehicle stop is to collect evidence. He will be using his senses of sight, hearing and smell to collect/create evidence against you.

(1) SIGHT (things the officer is looking for)
(A) Bloodshot eyes
(B) Soiled clothing
(C) Fumbling fingers
(D) Alcohol containers
(E) Drugs or drug paraphernalia
(F) Bruises, bumps or scratches

(2) SOUND (things the officer is listening for)
(A) Slurred speech
(B) Inconsistent responses
(C) Abusive language
(D) Admissions of alcohol consumption or intoxication
(E) Unusual statements

(3) SMELL (things the officer is sniffing for)
(A) Alcoholic beverages
(B) Marijuana
(C) “Cover up” odors like breath sprays, chewing gum or smoke
(D) Unusual odors

Remember; always be courteous and cooperative with the officer. Never argue or debate anything with him; you will inevitably lose. And most importantly, never lie about anything. In other words, do not deny consuming alcohol if in fact you have had some to drink. Doing so, 1) is a crime; 2) destroys your credibility and 3) cheapens you as a human being!

Rather than lying, you have three options. First, tell the truth. If the truth is that you consumed two beers over the past 3 hours, that kind of an admission will not hurt you. Of course, if the truth does hurt, consider one of the following two choices. Second, remain silent. What you do not say will not be held against you. Finally, ask a question in response to the officer’s question (e.g., Officer: “How much have you had to drink tonight?” You: “Have I done something wrong officer?” or “Am I under arrest? “). Asking a question is neither a lie nor an admission. However, do not ask a belligerent question such as: “Officer, how much have you had to drink?” That would be very foolish indeed.

Understand that you are not required to answer potentially incriminating questions, such as how much you have had to drink or where you are coming from. If you feel the officer’s questions starting to become overbearing or his tone/behavior begins to scare you, politely state “I would like to speak with an attorney before I answer any further questions.” And remember, from that point on, remain totally silent to every question the officer asks of you.

If you do find yourself in a situation like this, please do not hesitate to contact our office at (419)353-SKIP. We are available 24/7 and are happy to assist you with your legal needs.

-http://www.ohiojustice.com/PracticeAreas/FAQ.asp#pulledover

1.) What do police officers look for when trying to find drunk drivers on the roadway?

The following list of clues indicate what police look for when trying to establish whether the driver being observed is impaired. The higher the clue is on the list, the higher the probability of impairment. The list is based on research by the National Highway Traffic Administration:

• • Turning with a wide radius
  • Straddling center of lane marker
  • “Appearing to be drunk”
  • Almost striking object or vehicle
  • Weaving
  • Driving on other than designated highway
  • Swerving
  • Speed more than 10 mph below limit
  • Stopping without reason in traffic lane
  • Following too closely
  • Drifting
  • Tires on center or lane marker
  • Braking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Slow response to traffic signals
  • Stopping inappropriately
  • Turning abruptly or illegally
  • Accelerating or decelerating rapidly
  • Driving with headlights off

Surprisingly, speeding is not a clue of insobriety. This is because studies show that a person who speeds often exhibits signs of heightened awareness in the form of quicker judgment and reflexes.

2.) If I’m stopped by the police, should I answer any questions regarding drinking?

Citizens are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to your attorney before answering questions, would be an appropriate response. However, informing the officer that you had one or two beers should not be harmful since it usually would not cause a person to be impaired. This response may explain away the odor of alcohol on a driver’s breath.

3.) What signs of insobriety do police look for after stopping a citizen on the roadside?

As the officer approaches a motorist’s vehicle they are instructed to immediately start gathering evidence to accuse you of impaired driving. The officer is using face to face observation and will be looking for:

• • Alcohol containers
  • Drugs or drug paraphernalia
  • Flushed face
  • Red, watery, glassy or bloodshot eyes
  • Odor of alcohol on breath
  • Cover-up breath sprays
  • Slurred Speech
  • Admission of drinking
  • Fumbling with wallet while trying to get license
  • Failure to comprehend officer’s questions
  • Inconsistent responses
  • Abusive language
  • Unsteady of feet while exiting vehicle
  • Swaying while standing
  • Leaning on car for support
  • Being combative, argumentative or jovial while talking with officer
  • Disheveled clothing
  • Soiled clothing
  • Lack of awareness in regards to time and place
  • Unable to follow police instructions.
  • Unusual actions

4.) The officer will ask you multiple questions at once to attempt to distract and confuse you. He may ask you to produce two things simultaneously, such as your license and registration, and is hoping that the driver will:

• • Forget to produce both documents upon request
  • Produce documents other that the ones requested
  • Fail to see the license, registration, or both while searching through wallet, or purse, etc
  • Fumble or drop his wallet, her purse, license or registration
  • Be unable to retrieve documents with finger tips

5.) What should I do if the police ask me to take field sobriety tests?

Understand that the police want you to help them make their case against you stronger. By performing field tests, you are simply helping the police manufacture evidence against you. Be aware that they fully intend on using this evidence against you in court. Therefore, taking an eye test, balancing test, or any other evaluation on the street is usually not a good idea. Most experts agree that police officers are not well trained enough to accurately interpret the symptoms observed while administering these street evaluations. This doesn’t mean that you need to be rude or nasty to an officer if he asks you to do a field sobriety test. Instead, its a good idea to ” respectfully decline” all tests on the roadside. Therefore, calling a DUI lawyer immediately after your arrest is important!

If you do find yourself being arrested for operating a vehicle while under the influence (OVI/DWI/DUI), please do not hesitate to seek representation. Skip Potter will do whatever he can to get your charge reduced or dismissed. Contact us now!

Source: http://www.publicsafety.ohio.gov/links/DPS0011.pdf

The installation of ignition interlock devices (also called breath alcohol ignition interlock devices) can be mandated by the court if a driver has been convicted of driving under the influence. The ignition interlock device will be installed at your expense. While it is in the discretion of the court to order installation in the first or second occurrence of DUI, it is a mandatory penalty upon your third or more conviction. Ignition interlock devices are attached to the dashboard of the car and will prevent the engine from turning on if the driver’s blood alcohol is measured above 0.02%. In order to turn over the engine, the driver must first exhale into the device. If his BAC is registered as over 0.02% the motor will not start. The ignition interlock device will also turn on randomly during a car trip, requiring the driver to exhale into it while driving. This procedure is designed to prevent a sober friend from breathing into the device and letting an intoxicated person behind the wheel or a sober driver from starting the car and then starting drinking while on the road. If the driver does not exhale into the device or if the device registers alcohol on the driver’s breath, the ignition interlock device will record the episode in its log, warn the driver and start an alarm. Most ignition interlock devices’ alarm consists of flashing the headlights and blaring the horn. The alarm will continue until either the driver turns off the ignition or until a clean breath sample is provided.

The ignition interlock device CANNOT be tampered with. Any attempt to tamper with the ignition interlock device is a first-degree misdemeanor with its own penalties. The device will register any attempt to turn it off and will log the attempt in its system. When the court sees you’ve tried to uninstall the ignition interlock device, it will send you a notice that the court will be adding more penalties to your sentence such doubling your license suspension. The notice will state that the changes will go into effect in two weeks. You can appeal these changes any time in the two weeks from the time you get the notice until the changes go into effect. The scope of the appeal is limited to whether you were prevented from starting the motor because the device had been tampered with or if you were so prevented because the device measured alcohol on your breath.

If you don’t use the interlock ignition device for the entire time prescribed by the court then your full driving privileges will not be reinstated. For the first offense of not driving with the required ignition interlock device, you might lose your license for up to a year. The second time you try driving without it, you could lose your license for anywhere between one and five years. The law enforcement officer who pulls you over will know if you should have an ignition interlock device because your license will list the restriction.

There is, however, one exception that can be made if you are required to drive only with an ignition interlock device. If you have been granted limited driving privileges with the condition that the vehicle you are driving must be equipped with an ignition interlock device, you may operate a vehicle owned by your employer if you are required to drive that particular vehicle in the course of your employment (ex. flower delivery truck). In order to drive this work vehicle, you must have proof that you notified your employer that you have limited driving privileges and of the nature of the restriction. If you have proof that you informed your employer in your possession while you are operating this vehicle in your normal work duties then you cannot be charged with driving without your mandatory ignition interlock device.

If you have been mandated by the court to drive only with an ignition interlock device, then you MUST be the one to supply the breath samples to the machine. If you have someone else blow into the machine then both the bystander and you will be charged with a first-degree misdemeanor.

Contact our office to retain legal counsel for your case. Skip Potter has been practicing defense law for over 30 years. Let him, help you. Contact the office now to schedule a confidential consultation.

Source: http://dui.legalhelp.org/ohio/ignition-interlock-devices-in-ohio/

Underage DUI’s are also called OVUAC or “operating a vehicle after underage consumption”. Ohio is one of many states that have adopted a “zero tolerance” policy toward underage drinking. This means that as a driver under the age of 21, you will be arrested if there is any amount of alcohol in your system while driving. In accordance with its zero tolerance policy, the legal BAC limit for juveniles is lower. It is illegal to drive with a blood alcohol concentration of 0.02 or higher if you are a driver under 21. You will be arrest for OVUAC if you are under 21 and your blood alcohol level is over 0.02% but less 0.8%. If your blood alcohol level is over 0.08% then you will be arrested for an OVI, despite the fact that you are a juvenile.

If you are convicted of OVUAC, you will be found guilty of a fourth degree misdemeanor and your license will be suspended from two months to three years. If this is your second (or more) OVI/OVUAC offense, then it will be a third degree misdemeanor and you will face a license suspension of 1-5 years.

If you are arrested for OVUAC (operating a vehicle after underage consumption) or if you are under 18 and facing OVI charges then you will not face additional penalties than an adult arrested for DUI but you will face different penalties. You will be required to participate in a juvenile driver improvement program approved by the Ohio Bureau of Motor Vehicles and you lose your license, forcing you to retake the driver’s license exam after your license suspension. An OVUAC will get your four points on your driving record. You will also have to pay a reinstatement fee. After these conditions have been satisfied, the BMV will restore full driving privileges. You are not eligible for limited driving privileges if you are convicted of an OVUAC or an OVI under the age of 18. For persons under 21 years of age who are convicted of OVI, a first offense can result in up to 30 days of jail time, a fine of up to $250, and a license suspension of between 90 days to two years and four points could be added to your driving record.

Don’t let a DUI ruin your record. Contact our office to obtain legal representation for your case. Skip Potter has been practicing defense law for over 30 years. Let him, help you. Contact the office now to schedule a confidential consultation.

Source: http://dui.legalhelp.org/ohio/underage-dui-in-ohio/

If I am convicted a DUI or DWI offense charge, how will a DUI affect me in the future for my job, my insurance, and any other areas in my life? If you are found guilty of driving under the influence offense arrest charges, your life can be affected with the following common penalties for a DUI:

• Permanent criminal record, including your mug shot photo and fingerprints.
• A driver’s license suspension from 6 months to 2 years on average.
• High fines amounts you will be required to pay based on your own case details.
• Installation of an Ignition Interlock Device system in your vehicle for an average of 1 to 3 years at your expense.
• Required to take all DUI classes and/or counseling before any drivers license reinstatement.
• You may be required to pay much higher insurance rates, or lose your coverage entirely.

The penalties for a DUI that can affect your life for a first offense include: a minimum average fine of $1,500.00, plus any additional costs for the required DUI classes and lawyer fees. Another major impact that will affect your life after a 1st DUI, is the installation of an alcohol ignition interlock device at your expense, and criminal record for life. Even for a first-time DUI offense charge, a person can expect their insurance to likely skyrocket or lose their coverage. For those arrested for a repeat DUI offense charge, they will be wondering how does a DUI affect my life for a second DUI offense? For repeat DUI offenders, what they can typically expect is a minimum jail sentence of 30 days, one to three years license suspension, plus even higher DUI fines and more DUI classes.

How Will A DUI Affect My Permanent Criminal Record And For Background Checks For Future Career Employment Opportunities?

Another one of the most damaging ways of how a DUI or DWI will affect a persons life who is convicted or decides to plead guilty for a DUI arrest offense charge, is they will receive a permanent criminal record for life which will likely never go away, and nearly always be discovered in background checks for both current and future career and employment opportunities. A DUI criminal record may severely affect your ability to be hired for a job in the future if the employer runs a background check and finds the DUI on your record. For example, it will virtually be impossible to be employed as a police officer, firefighter, government employee, teacher, nurse, truck driver requiring a CDL License, and several other professional jobs.

While DUI laws and technology for law enforcement to catch DUI offenders are always evolving to catch more drunk drivers, luckily so are some helpful new DUI Apps and devices for drivers that can show how to prevent and save people from a DUI arrest charge offense from taking place, and potentially stop a person from unknowingly making the costly risk and decision to choose to drive while under the influence and negatively affect their life both now and in the future with a permanent DUI arrest record. This promising new anti DUI technology can also help provide more assurance to those who have already been charged or convicted of a first-time DUI offense, from making the severe mistake of a second or repeat DUI/DWI offense from happening again in the future, and have a DUI further affect their life even worse under those circumstances.

How Will A DUI Affect My Job Search?

One fact that is critical for any driver to realize after a conviction or guilty plea, is the extreme difficulty for how to explain a DUI on a job application. An unfortunate but important reality that people charged with driving under the influence need to be aware of, is the amount of jobs you can’t get with a DUI – even if it’s a first-time offense. The harsh reality is that today there are not many companies that will hire DUI offenders, since the offense is considered a crime on a job application. Most of the time the reason will have to do with either company policy for hiring a person with a criminal record, or for insurance liability problems if a company vehicle is required for the job. Because of the limitations with jobs you can’t get with a DUI or DWI record, it is therefore pretty understandable how a DUI will negatively affect a job prospect for a person both currently and in the future. Some people think that getting a DUI expunged may be an option for a solution to help solve the employment issues of getting a job. However under the current laws for a DUI offense conviction in most states, a DUI can’t get expunged and is part of a person’s permanent criminal record for life. Therefore any misdemeanor or felony DUI will affect employment severely, due to a standard employment background check performed on every applicant. These facts regarding employment concerns are crucial to know in the beginning of fighting a case, so the long-term penalties and affects can be fully known to those who have recently been arrested, and don’t find out the hard way later on while doing a job search. Most drivers who are aware these issues, know the best choice to secure their future is to fight the charges vigorously while their is still time to do so in the case.

If you are looking for representation for an DUI/OVI, contact our office to schedule a confidential consultation with Skip Potter. He has been a defense attorney in the Bowling Green, Ohio area for over 30 years. Let him, help you. Contact us now.

Source: https://www.fightduicharges.com/how-will-a-dui-affect-me/