In Ohio, an OVI (Operating a Vehicle Impaired) can be classified as a felony under specific circumstances, depending on whether it is a repeat offense and/or the severity of the incident. The term OVI is used instead of DUI under Ohio law, but both refer to the same offense. As an Athens felony OVI lawyer, I have the resources and background to aggressively defend your rights and work to minimize the potential penalties you face.
I can investigate the case, challenge evidence, and deploy tailored defense strategies that could reduce or even eliminate the legal consequences you are up against. You need a skilled OVI defense attorney who can negotiate with the prosecutor, and potentially take the case to trial if necessary.
Ohio Revised Code § 4511.19 makes it illegal to operate a vehicle if the person is under the influence of alcohol, a drug of abuse, or a combination of them. The law defines specific blood alcohol concentration (BAC) levels that are considered illegal, including a BAC of 0.08% or more in whole blood, blood serum or plasma, or breath. If you are up against a felony OVI charge, I am a local Athens attorney who can immediately get to work providing you detailed legal counsel and building an aggressive defense for your case.
Ohio Rev. Code § 4511.191 outlines the state’s implied consent law. Under this law, anyone operating a vehicle in Ohio is deemed to have consented to chemical testing if arrested for an OVI violation. Violations of the state’s OVI laws can lead to various penalties, including fines, jail time, license suspension, and mandatory alcohol or drug treatment programs.
In Athens, an OVI is typically charged as a misdemeanor, but can be charged as a felony when there are multiple prior OVI convictions within a specific timeframe. For example, a fourth OVI within 10 years is a felony, and a fifth OVI within 20 years can also be charged as a felony. Causing serious injury or death during an OVI can also lead to felony charges. Penalties for felony OVIs are more severe, including longer jail or prison sentences and higher fines.
Facing a felony OVI charge is a serious matter with potentially severe consequences. Building a strong defense is crucial, and it begins with understanding your rights and the legal process involved. Anything you say can be used against you, so it is vital to avoid making statements to law enforcement until you have consulted with an Athens OVI attorney like myself.
I will act quickly to collect any relevant evidence that could support your defense, such as photos, videos, receipts, or witness names. A good defense starts by scrutinizing the details of the traffic stop.
Field sobriety tests are subjective and can be challenged based on factors like the driver’s physical condition, road conditions, or the officer’s instructions.
Breathalyzer and blood tests are not foolproof. Potential defenses in your case could include challenging the device’s calibration, the presence of mouth alcohol, or improper handling of blood samples. It may be possible to argue that your BAC was below the legal limit while driving but rose by the time the test was administered due to the alcohol absorption rate.
Any misconduct or procedural errors by law enforcement can also be grounds for excluding evidence or dismissing the case. Depending on the details of your arrest, I can challenge the prosecution’s evidence, argue a lack of probable cause for the stop or arrest, introduce exculpatory evidence, or negotiate a plea bargain to reduce the charges or penalties.
Throughout my years as an Athens felony OVI lawyer, I have extensive experience handling the unique cases, including breathalyzer challenges. I leverage an extensive background in criminology and expertise in forensic science to build strong defenses.
I can evaluate evidence like toxicology reports and breathalyzer results to challenge any gaps or weaknesses in the prosecution’s case. If you have been charged with a felony OVI, now is the time to start building the strongest possible defense. Contact my firm now to arrange your free consultation.