Will my Ohio defense lawyer be able to plea bargin/reduce/negotiate my Ohio OVI/DUI charge down to another (lesser) offense?
Possibly. Plea bargaining and charge reduction are two areas that any experienced Ohio lawyer would discuss with the prosecutor on the client’s behalf. An OVI may, at times, be “reduced” to a charge of Physical Control or Reckless Operation (ORC. 4511.20 provides, “No person shall operate a vehicle . . . on any street or highway in willful or wanton disregard of the safety of persons or property.”).
While Physical Control (no points) and Reckless Operation (four points) are also misdemeanors crimes, these offenses typically result in lesser penalties than an OVI conviction.
Many times a person facing an Ohio OVI simply will not be allowed to plead to a lesser charge. If that is the case, your only option will be to plead guilty to the OVI or take your case to trial.
Will an Ohio DUI go on “my driving record?”
Yes. An OVI / DUI conviction will go on your Ohio driving record and stay on your record essentially forever. However, Driver Abstracts (the record available to your insurance company) generally only go back three years. You cannot expunge an Ohio OVI conviction.
Just how much jail time will I have to do if I am convicted of a DUI offense in Ohio?
The amount of incarceration (jail or prison) received will depend on a number of factors, including the following:
- Your prior driving record especially your OVI history (including any DUI / OWI / DWI / OUI convictions outside of Ohio);
- Your level of intoxication / BAC (a high tier / super DUI BAC (0.17 percent or greater)) can generate greater penalties);
- Whether there was a collision involved;
- Whether there was injury to another person in any accident / collision;
- Which Ohio city, county or court your case is in;
- What judge you are sentenced by;
- Whether there was a passenger especially a child passenger in your car;
- Whether the court feels you have accepted responsibility for your actions.
Will I be placed on probation if I’m convicted of an Ohio DUI charge?
Yes. Probation in Ohio is known as Community Control. When you’re sentenced following a DUI conviction, you will be ordered to comply with a number of community control sanctions (probation conditions). These typically include:
- Obey all laws;
- Report to the probation department as directed;
- Notify your P.O. of any law enforcement contacts;
- Notify your P.O. of any changes in residence or employment;
- Pay all fines, fees, court costs and restitution;
- Not leave Ohio without the permission of the court or your probation officer;
- Complete drug / alcohol treatment and monitoring, including random drug testing;
- Follow all the rules of your treatment program;
- Abide by a curfew;
- Maintain full time employment or education.
I am licensed to drive in a state other than Ohio and I was arrested for a OVI/DUI in Ohio. Will my driver license be suspended?
Ohio only has the authority to suspend your right to drive in the State of Ohio. However, the State of Ohio and 44 other states and the District of Columbia have adopted an agreement known as the “Driver License Compact.” Ohio will report a OVI conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license.
This also works in reverse. If you are convicted of DUI charge in another state and the BMV Registrar receives notice of the conviction from the other state, the BMV Registrar must impose a suspension (generally six months) of your driver’s license or right to drive in Ohio. This suspension may be appealed, and limited driving privileges may be granted by the court in some circumstances.
Will I have to install an Ignition Interlock Device on my car?
An ignition interlock device (IID) also known as an “immobilizing or disabling device” is a breath alcohol measurement device that is connected to a vehicle ignition system. In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.
You may have to install an IID for a first DUI conviction. You will have to install a second or greater conviction in the past six years. Contact our office about whether this requirement applies to your situation.
What will an Ohio OVI do to my insurability?
If your Ohio insurance company finds out about your OVI / DUI one of two things are likely to happen. Either your insurer will raise your rates or you may be cancelled or non-renewed. It is extremely important that you maintain liability insurance. Remember that your Driver Abstract only reflects the prior three years of your driving record, so eventually your rates will decline.
I was involved in an accident / crash with my DUI arrest. Must I file an accident report with the Ohio BMV?
Under Ohio law, the driver of any motor vehicle which is involved in a motor vehicle accident within six months of the accident may forward a written report of the accident to the Ohio BMV on a prescribed form alleging that a driver or owner of any other vehicle involved in the accident was uninsured at the time of the accident. The BMV will then determine if the other party involved in the crash has insurance. If the other driver does not have insurance, a suspension for 90 days or longer will be imposed.
Keep in mind that this report is different than the crash report that law enforcement prepare after investigating an accident.
How do I reinstate my Ohio driver’s license?
Once you’ve served your OVI / DUI suspension, you must pay a reinstatement fee and show proof of insurance to the Ohio Bureau of Motor Vehicles. ORC 4510.038.
How many points do I receive for an Ohio OVI conviction?
A conviction for an Ohio OVI results in six points against your license. An OVUAC conviction results in four points against your license. Reckless operation results in four points. A conviction for driving under an OVI suspension results in six points as well. A physical control conviction results in no points on your license.
I was also charged with leaving the scene of an accident along with my DUI/OVI. Is this a serious charge?
Leaving the scene of an accident without fulfilling your obligations under ORC 4549.02 is a criminal offense. This crime (commonly known as Hit-Skip or Hit and Run) is a misdemeanor unless someone is seriously harmed or killed. If so, the offense is a felony.
Your license will be suspended for at least six months for a conviction. A conviction for a Hit-Skip will result in six points on your license.
I was charged with reckless operation as well as my DUI / OVI. What does this charge involve?
The exact charge is referred to as “operation in willful or wanton disregard of the safety of persons or property.” ORC 4511.20. This offense is either a minor misdemeanor or a fourth or third degree misdemeanor depending on your driving history. A conviction results in four points on your license. Also upon conviction, the court may impose a suspension of your license for a period ranging from six months to three years.
What happens if I was on probation when I got arrested for my Ohio OVI / DUI offense?
Committing a new offense while you’re on probation for a previous crime creates two problems. First, you face the new Ohio OVI charge. Second, you face a probation violation hearing for failing to obey all laws (a standard condition of probation). The most serious scenario is when you receive a new Ohio OVI offense when you’re already on probation for a previous DUI / OVI. When this happens, its in your best interest to speak to an Ohio lawyer as soon as possible.
I missed my Ohio court appearance. What do I do now?
Failing to appear (FTA) for court is to be avoided. When you miss a court appearance, bad things follow. At a minimum, the Ohio court typically issues a warrant for your arrest (sometimes known as a bench warrant). Talk to an Ohio criminal defense attorney as soon as possible. Often, your only option is to turn yourself in on the outstanding warrant. A new court date will then be scheduled for you.
My suspension is nearly up. How do I get my Ohio drivers license back?
Before getting your license reinstated, you generally must pay a reinstatement fee ($475) and provide proof of insurance to the Ohio Bureau of Motor Vehicles. Additional requirements may also apply. Contact the BMV to determine your exact requirements.
–http://www.ohiodui.pro/–
**If you have any questions that were not covered, please contact our office for further consulation.**
