An OVI charge does not have to turn into a criminal conviction. If you or your loved one were arrested for operating a vehicle while impaired, you need a strong defense. Without competent legal assistance, making mistakes that lead to costly penalties is easy.
As an experienced criminal defense attorney, I can help you navigate the OVI case, negotiate with the prosecution, and achieve the desired outcome. If the case goes to trial, I will support you every step of the way and fight to avoid an unfair punishment. Call Andrew H. Stevenson, Attorney at Law, LLC, today to speak with me, a skilled Lancaster OVI defense lawyer.
OVI refers to driving under the influence of alcohol, drugs, or a combination of both. Unlike other states, Ohio does not use the terms DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). Instead, OVI (Operating a Vehicle Impaired) is the official legal term stated in Ohio Revised Code § 4511.19.
Under Ohio law, a person can be charged with OVI if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (or 0.02% for drivers under 21). However, if a driver’s BAC is below the legal limit, they can still be charged if law enforcement determines they are impaired by alcohol or drugs.
Penalties for OVI vary depending on the driver’s age and previous criminal record. According to Ohio Revised Code § 2929.24, the jail term for first-time offenses can be up to 180 days.
As a dedicated and well-versed OVI defense attorney in Lancaster, I could seek opportunities to reduce penalties or drop charges. With the right approach to defense, a favorable outcome is possible.
Each OVI case I take on is different. However, many common defenses can be applicable. Some of the arguments I develop as an OVI defense lawyer in Lancaster include the following:
Police must have a valid reason to pull the driver over. However, the stop may be unlawful if there is no traffic violation or suspicious driving behavior.
Officers must administer field sobriety tests according to standardized procedures. If they fail to do so, I can challenge the results in court.
Breath test machines must be properly calibrated and maintained. If they malfunction or are administered improperly, the BAC reading may not be admissible.
Certain medical conditions (such as GERD or diabetes) or diets (such as keto) can produce substances that interfere with breath test results.
Police must have sufficient evidence of impairment before making an arrest. If they lacked probable cause, the case could be dismissed.
If law enforcement did not correctly inform the driver of the consequences of refusing a chemical test, the penalties for refusal might be reduced or dismissed.
If the prosecution’s case relies on witness statements, I can cross-examine them to expose inconsistencies.
Lab errors, contamination, or improper handling of blood or urine samples can lead to false results that I can challenge in court.
Certain statements may be excluded from evidence if the driver in custody was not informed of their rights before questioning.
To build a strong defense in an OVI case, I conduct an in-depth investigation to find loopholes, rights violations, and other issues. Many years of experience in such cases allow my team and I to act quickly.
The faster you talk to a competent Lancaster OVI defense lawyer after being arrested, the more chances you have of achieving a fair outcome in your case. I advise all clients to call an attorney as soon as they have a chance to do so.
Once my team is on the case, I will start building a defense. I will investigate the incident, review the arrest, collect evidence, and defend your rights in court. Call to schedule a consultation today.
Client was accused of being under the influence of narcotics. Drug Recognition Expert (DRE) was successfully challenged.
A young college student was stopped for speeding on Stimpson Ave. The Ohio State Patrol Officer administered field sobriety tests and placed the Client under arrest. The Client agreed to take a breath test and “blew” a .16. In reviewing the OSP video tape of field sobriety tests, Andrew found that the Trooper had unfairly graded the Client. Andrew was able to negotiate a reduced charge based on his client’s performance on the field sobriety tests.
Client was charged with OVI on the basis of being under influence of narcotics. The Officer who made the traffic stop was a Drug Recognition Expert (DRE) and the OVI charge was based solely on the Officer’s opinion as a DRE. Andrew’s cross-examination of the Officer at a suppression hearing revealed that the Officer’s opinion’s were based on flawed assumptions. The case was dismissed.
The client was charged with an OVI, facing a significant license suspension and fine. Their charge was negotiated to physical control of a vehicle while intoxicated, which carried a much more lenient sentence.
Client was charged with Operating a Vehicle while Impaired, a misdemeanor. Attorney Andrew Stevenson negotiated their participation in a Driver Intervention Program, preventing a conviction and a permanent criminal record.
Client was charged with a felony OVI while possessing a firearm. If convicted, they could be sentenced to a maximum of 30 months in jail, plus additional sentencing for the weapon enhancement. Attorney Andrew Stevenson negotiated a diversion in the case, reducing the charge to reckless operation of a vehicle while possessing criminal tools.
Client was charged with OVI and had a prior OVI conviction from 15 years earlier, outside Ohio’s 10-year lookback window. Attorney Andrew Stevenson negotiated the case to a Driver Intervention Program rather than a second OVI conviction.
Client was charged with an OVI, a charge that carries mandatory jail time, license suspension, and a permanent mark on their driving record. Attorney Andrew Stevenson negotiated with the prosecution to secure a reduction. The OVI charge was amended, and our client was able to complete a Driver Intervention Program in lieu of an OVI conviction avoiding jail time, protecting their license, and keeping an OVI off their permanent record.
Attorney Andrew Stevenson represented a client charged with Operating a Vehicle Impaired. After reviewing the case and negotiating with the prosecution, the charge was resolved through a Driver Intervention Program rather than an OVI conviction.
Attorney Andrew Stevenson secured a favorable outcome for his client charged with misdemeanor OVI by successfully negotiating a reduction to reckless operation. The result allowed the client to avoid an OVI conviction and the significant long-term consequences that accompany it.
Attorney Andrew Stevenson’s client was charged with OVI, an offense that can carry up to six months in jail, fines up to $1,075, and a license suspension of as long as three years. Stevenson worked out a resolution placing the client in a Driver Intervention Program in place of jail, and clearing the charge from their record.
A client facing an OVI charge retained Attorney Andrew Stevenson. After review and negotiation with the prosecutor, the OVI was reduced to a Reckless Operation offense avoiding mandatory jail time, a license suspension of up to three years, and a permanent OVI on the client’s record.
Client faced a first-offense misdemeanor OVI and the mandatory penalties that come with it: three days in jail, fines up to $1,075, and a one-to-three-year license suspension. Attorney Andrew Stevenson got the charge reduced to Reckless Operation carrying no jail time and a maximum fine of $150.
The client was charged with failure to comply with a police officer’s signal, OVI, and two counts of failure to stop after an accident, facing up to five and a half years in prison. The client pled to the indictment as charged, yet Andrew Stevenson’s sentencing advocacy still secured probation and kept the client out of prison entirely.
The client came to the firm facing aggravated vehicular assault, OVI, failure to stop after an accident, and driving under suspension potentially taking on up to 14 years in prison, with the aggravated vehicular assault count carrying mandatory prison time. Attorney Andrew Stevenson resolved the entire case to a single minor misdemeanor with only a fine, no jail, and no felony conviction.
Client faced both an OVI count and a paired unlawful-alcohol-concentration charge, along with the mandatory jail time a first-offense OVI conviction carries. Attorney Andrew Stevenson resolved the case to a single OVI plea served through Ohio’s 72-hour Driver Intervention Program (no jail), with the unlawful-alcohol-concentration count dismissed.
A .230 BAC reading combined with a prior OVI conviction brought the client a second-offense high-tier charge, carrying a mandatory minimum of 20 days in jail, license suspension of up to seven years, and 90 days of vehicle immobilization. Andrew Stevenson negotiated the case down to a first-offense OVI, eliminating the second-offense mandatory minimums and the harsher license and vehicle consequences.
A clients first-offense misdemeanor OVI carries a mandatory three days in jail, fines up to $1,075, and a license suspension for one to three years. Attorney Andrew Stevenson got his client’s case dismissed.
Client was charged with first-offense misdemeanor OVI, an offense carrying a mandatory three days in jail, fines up to $1,075, and a license suspension of one to three years. Stevenson got the charge reduced to Underage OVI (OVUAC), a fourth-degree misdemeanor with no mandatory jail time, fines up to $250, and a license suspension of 90 days to two years.